Jennifer del Prete: Illinois; Justice Kennelly's decision seen as a "turning point" in shaken baby syndrome prosecutions as Wisconsin State Journal reports that challenges to 'shaken baby' convictions are mounting. (Must read. HL);

STORY: "Challenges to 'shaken baby' convictions mounting," by reporter Dee. J. Hall, published by the Wisconsin State Journal on May 25, 2014.

GIST: "In January, a federal judge in Chicago issued a stunning ruling: Shaken baby syndrome as a cause of death has little to no scientific basis. It’s not known what effect the ruling might have on other shaken baby cases, including at least one being appealed in Wisconsin. But one expert called it a “turning point” in the medical-legal debate over whether such injuries were intentionally caused. U.S. District Judge Matthew Kennelly found that a reasonable person likely would find the medical evidence supporting shaken baby syndrome “unscientific and thus unsupportable. “It appears from the evidence at the hearing,” Kennelly wrote, “that the mechanism by which shaking purportedly causes these sorts of injuries is as yet unclear, assuming it exists at all.” Last month, Kennelly ordered Jennifer Del Prete released from prison after serving 10 years of a 20-year sentence. The 43-year-old mother of two still faces the possibility of returning if the state decides to retry her on allegations that she shook to death an infant she cared for at a Romeoville, Illinois, day care center.........The decision in the Del Prete case is a “turning point” in the effort to cast doubt about shaken baby syndrome and abusive head trauma in children with no external injuries, said Deborah Tuerkheimer, a law professor at DePaul University in Chicago. Tuerkheimer, a former Madison resident, is the author of the just-released book, “Flawed Convictions: ‘Shaken Baby Syndrome’ and the Inertia of Injustice.” She said Kennelly’s ruling likely will be a factor in other appeals. “That should cause other judges that are looking at much the same evidence ... to scrutinize those much more closely,” she said. Tuerkheimer added that cases charging shaken baby syndrome or abusive head trauma “are fewer and far between than they used to be — significantly so.”"

The entire story can be found at:

http://host.madison.com/wsj/news/local/crime_and_courts/challenges-to-shaken-baby-convictions-mounting/article_7a532463-dd58-5b28-b8d2-2bd8290ef5bf.html
  
PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

Bulletin: Jeremiah Duggan: Suicide, as the German government says, or murder, according to Erica Duggin, his mother: On Wednesday 28, 2014, she will ask a British Coroner's Court to conduct a full inquest - on the basis that the German government has failed to fully investigate the death. (Press release: Erica Duggan);

RELEASE: "Justice for Jeremiah," published by Erica  Duggan,  published in May 2014.

SUB-HEADING:  "On 27 March 2003, Jeremiah Duggan’s body was found on a road near Wiesbaden, Germany. Since then, for eleven years, his mother Erica Duggan has tried to get a proper investigation into his death."

GIST:  "On Wed. 28th May 2014 there will be a Coroners Court Hearing in London. Erica Duggan will make an appeal to the British Coroner to use his discretion to hold a full Inquest as it appears that the investigation in Germany exists only in name and not in reality. .....Jeremiah Duggan was a British student in Paris, when he was persuaded to attend a ‘Peace Conference’ in Germany He soon discovered that he was amongst Right Wing extremists – followers of Lyndon LaRouche, a convicted felon, whose message was that it is the British and their agents, the Jews, who were fomenting the war in Iraq to bring about world destruction. At 5:25 a.m on March 27, 2003, Jeremiah phoned home from Wiesbaden begging to be saved, saying he was in danger of his life, from members of the LaRouche Group. Within the hour his dead body was found on the road, close to the LaRouche offices. The German authorities closed the case declaring Jeremiah’s death a suicide and justifying their decision not to investigate. No amount of new evidence and expert analysis carried out over the past 11 years moved the German authorities to reconsider......... Now everything rests on the Coroner’s decision next Wednesday to see if he will use his discretion and open a full Inquest so that the family can get a measure of Justice to establish the cause and circumstances of the death."

The entire release can be found at:

 
 http://justiceforjeremiah.yolasite.com/

See The  related  Jewish Chronicle story:  "Eleven years after Jewish Londoner Jeremiah Duggan died in a suspected antisemitic attack in Wiesbaden, Germany, the still unresolved case is due to be heard in the UK for the first time next week.
Jeremiah’s mother, Erica, has long argued that German authorities failed to properly investigate the death of her 22-year-old son. Mr Duggan died after he fled an Iraq-war protest being held by the notoriously antisemitic LaRouche Schiller Institute in 2003. The pre-inquest hearing is due to take place in Barnet, London, on Wednesday. The aim will be to determine the status of the German investigations. German authorities have maintained that Mr Duggan’s death was a suicide. Ms Duggan argues there were no signs of suicidal behaviour in her son, who was studying in France at the time. Rather, she says, he went to Germany to attend anti-war meetings sponsored by the Schiller Institute. Witnesses told her that Jeremiah had been terrorised by institute followers after he objected to statements blaming the Iraq war on Jews, and proudly identified himself as Jewish. Jeremiah fled into traffic and was reportedly hit by vehicles. Ms Duggan contends her son was under attack."

 http://www.thejc.com/news/world-news/118808/probe-suspected-hate-killing-jeremiah-duggan-comes-uk

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

Commentary; David Harold Eastman; Australia; Commentator Jack Waterford says it is clear that Inquiry head Martin will find that the evidence of the Victorian forensic witness is completely discredited, and, on some matters, invented - but Waterford wonders whether these and other likely disturbing findings will be enough to trouble a judiciary which up to now has been indifferent to the case. The Canberra Times.

COMMENTARY: "A muddied and messy business"  by Jack Waterford, Editor-at-large, The Canberra Times, published on May 25, 2014.

GIST: "It seems clear that Martin will find that the evidence of the Victorian forensic witness is completely discredited, and, on some matters, invented. Martin gave notice to the DPP of a likelihood that he would find that the prosecution team (which includes the police) failed in its duty to give Eastman evidence and reports that could have helped his defence. It is also clear that he will strongly criticise police conduct over the surveillance, including lying about it to police and ombudsman investigations. It is not so clear that he will find that Eastman's fitness to plead should have been raised. A witness, who produced a gun he says he had in Eastman's car, will be rejected. The judge has had secret hearings into whether there is a plausible case that Winchester was murdered by Calabrian gangsters, and no one knows what the findings will be on this. It is clear that the judge's criticisms of the investigation will be devastating and will shake confidence in the AFP, modern as well as 1989 model, the DPP the ACT government and the courts. We do not yet know if Martin will find that the deficiencies raise doubts about Eastman's guilt. Or if he will suggest that there should be a fresh trial - surely impossible after 25 years.........Eastman's fate now - as since 1993 - is in the hands of judges who mostly seem to wonder what the fuss has been all about."

The entire commentary can be found at:

http://www.canberratimes.com.au/comment/a-muddied-and-messy-business-20140524-38vj9.html
  
PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

Commentary: Quentin Stone; California; Shaken baby syndrome acquittal: Refreshing analysis by commentator David Greenwald in a feisty non-mainstream blog; Prosecution's case featured a physician who had no doubt that the injuries were not caused by a fall. Dr. John Plunkett testifed otherwise for the defence. One of the jurors made clear to a newspaper that the doubts and uncertainty of shaken baby syndrome played a role in his decision to side with the defence. (Must, Must Read. HL);

POST: "Vanguard analysis: Jury finds reasonable doubt in Stone acquittal," by David Greenwald, published by The People's Vanguard of Davis" on May 22, 2014. "The People's Vanguard of Davis" has been described as "a political blog that was launched in July 2006. It is dedicated to exposing what it calls "the dark underbelly of the People's Republic of Davis" by writing about things that aren't completely reported in the mainstream press. It's updated daily with news, opinions, and commentary focusing on politics in Davis and environs, with occasional forays onto the state and national stages. It also features Yolo Judicial Watch, a section devoted to the activities of the judiciary in Yolo County and the surrounding areas." (Thanks to the Wrongful Convictions Blog for drawing my attention to this case by referring to a post  published by "On SBS." Link below);

GIST: "When the prosecution began their case several weeks ago, they attempted to focus the jury on the serious injuries that their experts testified caused the death of the young baby. One by one, day after day, these experts would testify to what they saw in the x-rays, blood work, and what was found in the autopsy.

The prosecution’s case was based on the notion that the injuries were a direct result of shaking the baby violently on more than one occasion. However, the science of shaken baby syndrome has been called into question in recent years. The key prosecution expert, Dr. Bennett Omalu, testified that there was no doubt that the baby died of a severe traumatic brain injury. He would testify, “Sam’s injuries were not sustained from a fall. It was non-accidental. An infant’s motor abilities are very small and the injuries incurred would require a lot of mass and energy.” However, Dr. John Plunkett, a critic of shaken-baby theory, would testify a few days later that it is was just as likely that Samuel’s injuries resulted from a fall from a three-foot-high bed onto the hardwood floor. He would tell the jury that even landing on a carpeted floor could produce a devastating injury if the baby landed on his head. He also testified that if the baby had been shaken violently enough to cause death, the neck should have shown signs of injury or a break—which it did not. When asked about the rib fractures, he noted that “normal handling” with a child who has a Vitamin D deficiency, which Sam did have, could result in rib fractures.........One of the jurors indicated in an interview with the Enterprise that he sided with the defense out of the belief that Mr. Stone did not fit the profile of a child abuser. Moreover, the doubts and uncertainty behind the science of SBS played a role. He told the paper, “Medical science is not exact at all.” He added, “I think this family just had a really bad day — that’s what this is about.”"

The entire story can be found at:

http://www.davisvanguard.org/vanguard-analysis-jury-finds-reasonable-doubt-in-stone-acquittal/

See also the "On SBS" account: "A jury in Yolo County, California, has found 40-year-old Quentin Stone not guilty of child endangerment and abuse, in a case that highlights the limitations of common knowledge about both the potential danger of short falls and the timing of symptoms following infant head injury." (The post contains excerpts from Dr. John Plunkett's report." HL);

http://onsbs.com/2014/05/22/a-yolo-county-jury-believes-the-father/

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

David Harold Eastman: Canberra Times Reporter Christopher Knaus provides candid comments on what has been learned during the course of the inquiry; including a comment, on the forensic front, that "the work of expert Robert Barnes, whose gunshot residue analysis provided a critical link between Eastman and the murder scene, has been almost completely debunked in the inquiry, losing nearly all credibility and reliability."

COMMENTARY: "The David Eastman inquiry explained," by reporter Christopher Knaus, published by the Canberra Times on May 18, 2013.

GIST: "It has been 25 years since two bullets, fired in the quiet of a sleepy Deakin night, ended the age of innocence in Australia. The cold blooded murder of Colin Stanley Winchester, the ACT region’s police chief, is one of Australia’s most notorious and hotly debated crimes. Now, there are whispers that the man convicted of Mr Winchester’s murder - disgruntled public servant David Harold Eastman - may have his conviction quashed, after almost 19 years behind bars. So how did we get to this point?........Here’s a brief snapshot of what we have learnt: Forensics: When Eastman was sentenced, the judge said the case involved "one of the most skilled, sophisticated and determined forensic investigations in the history of criminal investigation in Australia". That’s almost laughable now. The work of expert Robert Collins Barnes, whose gunshot residue analysis provided a critical link between Eastman and the murder scene, has been almost completely debunked in the inquiry, losing nearly all credibility and reliability."

The commentary  can be found at:

http://www.canberratimes.com.au/act-news/the-david-eastman-inquiry-explained-20140516-zrekd.html

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

Bulletin: Mandatory sentencing: Al Jazeera America explores the unintended consequences on part 2 of its 8 part series "The System." Tonight: 9E/6P.

RELEASE: "The system with Joe Berlinger," published by Al Jazeera America: Episode 2: Mandatory sentencing; Sunday May 25, 2014 at 9E/6P.

GIST: "In this episode, Joe Berlinger explores the effectiveness and justness of mandatory sentencing in a current climate that preaches reform. In Florida, the unintended consequences of mandatory minimum gun laws seem to outweigh its merits as a father is sent to prison for 20 years for “defending his family.” While in Illinois, politicians carefully craft a tough-on-crime bill inspired by the death of a promising honor student that may offer relief to a community plagued by escalating gun violence."

UP-COMING EPISODE: Episode 3: Flawed Forensics; Premieres Sunday June 1st at 9E/6P; "Nearly 20 years later, the fates of two men are still entangled in the FBI’s faulty hair analysis from all those years ago. Both men were found guilty of multiple murders and now one is on the outside, recently released and waiting for a retrial, while the other is still on death row, hoping the State will allow him the DNA test he needs to keep him alive."

Al Jazeera America's  web site for the series can be found at:

 http://america.aljazeera.com/watch/shows/ajam-presents-thesystem.html

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

Pre-trial release: Al Jazeera America probes the "multi-billion dollar bail bond industry" on a "Fault Lines" production called "Chasing Bail" which asks: how does money affect who goes free and who stays behind bars?

PUBLISHER'S NOTE:  "Al Jazeera America has been distinguishing itself by producing documentaries that critically examine America's criminal justice system, including the ongoing series "The System" which touches, in part, on  the role of  junk science in the nation's courts. Readers may also be interested in the Network's probe of America's "Multi-billion dollar bail bond industry" in the Fault Lines documentary "Chasing Bail" to be broadcast this evening: Saturday May 24, 2014.  HL.

POST:  Al Jazeera America's Fault Lines presents "Chasing Bail," to be broadcast on Saturday May 24, 2014 at 7pm ET/4pm PT.

GIST: This Saturday, May 24^th at 7pm ET/4 pm PT, Al Jazeera America’s Peabody Award-winning investigative documentary program, “Fault Lines,” examines America's multi-billion dollar bail bond industry, and the uniquely American job of bounty hunting.  The U.S. is one of only two countries (along with the Philippines) that allows companies to bail people out of jail at a profit.  In all but 4 states, bail bondsmen are allowed to take almost any legal measure necessary to capture fugitives, including crossing state lines and breaking into homes. It’s a dangerous business for almost everyone involved, with few rules and little oversight. “Fault Lines” correspondent Sebastian Walker travels to California, Maryland, and New York to examine how money determines the fates of those awaiting trial by the criminal justice system, and meets two of the approximately 15,000 bounty hunters who operate in the United States.........In a nation where, on any given day, nearly 70% of the jailed population is awaiting judgment – how does money affect who goes free and who stays behind bars."

The entire post can be found at:

https://mail.google.com/mail/u/0/?tab=wm#inbox/1462503722d23b5f

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;