Henry Keogh: An informative chapter from Dr. Bob Moles book "Losing their grip - the case of Henry Keogh" looks at the cross-examination of prosecution pathologist Colin Manock - author of the hypothesis that Anna Cheney had died as a result of forced drowning in fresh water in the bath - and finds that the answers produce "some rather alarming and extraordinary revelations." (Must Read. HL);

 COUNTDOWN: 9 days to Wrongful Conviction Day: (Thursday October 2, 2014); 

CHAPTER:"Losing their grip - the case of Henry Keogh: Chapter eleven: Getting closer to the truth, " by Dr Robert Moles. (This is excellent background to the forensic issues at the heart of the on-going appeal. HL);

GIST:  "The second day of the Medical Board hearing was taken up with the cross-examination of Dr James and then Dr Manock. This was in fact allowed to extend over to a short period on the following morning. This chapter is based upon the transcript of what Dr James and Dr Manock had to say at the hearing and in their affidavits and other written submissions. The principle duty of an expert witness is to assist the court. It is important that the expert should not be seen as acting for one side against another, even though they will have been called by one side. The expert has to be objective and impartial. It follows then that all pathologists have a duty to consider and investigate explanations consistent with the innocence of an accused person. [1] We will examine each of the factors involved in this case to see if they meet the standards expected of impartial and expert witnesses. The questioning at the Medical Board hearing closely examined the elements of Dr Manock’s hypothesis, namely, that Anna Cheney had died as a result of forced drowning in fresh water in the bath. The answers produced some rather alarming and extraordinary revelations."

The entire chapter can be found at:

http://netk.net.au/ltg/LTG14.asp

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.org.


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; 

Brad Cooper; North Carolina; Permitted to plead to second-degree murder (lesser offence) as part of plea bargain. (A new trial had been ordered because the trial judge ruled against the defense’s attempt to classify two witnesses as forensics experts to raise questions about key computer evidence). News and Observer;

STORY: "Brad Cooper pleads guilty to second-degree murder; gets at least 12 years in prison, by reporter Anne Blythe, published by The News and Observer on September 22, 2014.

PHOTO CAPTION:  "Brad Cooper, center, stands with attorneys Laura Meyer, left, and Jim Freeman as he pleads guilty in a Wake County Courtroom on Monday to second-degree murder for killing his wife, Nancy Cooper, in 2008. It was a plea bargain after a retrial was ordered recently. He was sentenced to at least 12 years in prison."

GIST: The N.C. Court of Appeals overturned the verdict in April 2013, and the N.C. Supreme Court refused to review the case despite a request from the state attorney general. The evidence in the case was largely circumstantial. Jurors said afterward that prosecutors won with computer evidence that defense lawyers tried to quash. The defense argued that the police investigation of Nancy Cooper’s death in July 2008 was inept. They had hoped to argue before the jury that the crucial computer evidence could have been tampered with and perhaps planted by investigators – arguments that they planned to introduce through their own expert witnesses. Gessner, who also presided over the trial in 2011, allowed prosecutors to introduce evidence of a Google Maps search of the site where Nancy Cooper’s body had been found. Prosecutors argued that the map search and time stamps associated with it showed that Brad Cooper had searched for a site to dump his wife’s body. The defense team at trial, however, raised questions about the validity of the time stamps on the laptop files. Gessner ruled against the defense’s attempt to classify two witnesses as forensics experts to raise questions about the computer evidence. The appeals court judges noted that the “sole physical evidence linking” Brad Cooper to the homicide was the Google Maps search. “Absent this evidence, the evidence connecting Defendant to this crime was primarily potential motive, opportunity, and testimony of suspicious behavior,” the ruling stated. Further, the appeals court panel added that “whether the error was constitutional or not,” failure to let Brad Cooper use his experts was a key error that warranted a new trial. Since then, Brad Cooper got a new defense team and Freeman, his attorney, talked with prosecutors about plea offerings that had been on the table since 2008."

The entire story can be found at:

Read more here: http://www.newsobserver.com/2014/09/22/4173131_brad-cooper-pleads-guilty-to-second.html?rh=1#storylink=cpy

http://www.newsobserver.com/2014/09/22/4173131_brad-cooper-pleads-guilty-to-second.html?rh=1

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.org.
 

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; 

Henry Keogh: Australia; Appeal; Second expert (Flinders University Prof. Anthony Thomas) criticizes forensic investigation of the case; Says vital autopsy oricesses were not carried out and samples were poorly labelled. Adelaide Now.

A second expert has criticised the forensic investigation of the controversial Henry Keogh case, saying vital autopsy processes were not carried out and samples were poorly labelled.

STORY:  "A second expert - Flinders professor Anthony Thomas - criticized Anna-Jane Cheney's autopsy processes," by reporter Jordana Schriever, published by Adelaide Now on September 23, 2014.

SUB-HEADING: "A second expert has criticised the forensic investigation of the controversial Henry Keogh case, saying vital autopsy processes were not carried out and samples were poorly labelled.

GIST: "Flinders University Professor Anthony Thomas on Tuesday gave evidence in the Full Court of the Court of Criminal Appeal, saying documents relating to Anna-Jane Cheney’s autopsy had been in disarray and tissue samples which should have been taken and documented were either missing or incomplete. He said those that were taken were not properly identified and he was unable to tell from where on Ms Cheney some samples had been taken. Prof Thomas also reiterated evidence he gave earlier this year, that photos of Ms Cheney taken post-mortem showed her face to be swollen, swelling which was unlikely to have been caused by resuscitation attempts......... Prof Thomas — an expert in tissue sampling and pathology — said he could not exclude an episode of fainting or falling leading to unconscious drowning as a cause of death, he replied: “that is correct”.........The appeal, before Justices Tom Gray, John Sulan and Kevin Nicholson continues. He agreed there were a range of possible causes of Ms Cheney’s drowning."

The entire story can be found at:

http://www.adelaidenow.com.au/news/south-australia/a-second-expert-flinders-university-professor-anthony-thomas-criticises-annajane-cheneys-autopsy-processes/story-fni6uo1m-1227068230253

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.org.


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; 

Aisling Brady McCarthy: Massachusetts; Irish nanny shaken baby case. Defence seeks bail and contemplates a motion to dismiss the charges - and makes reference to charges recently throw out in the recent Geoffrey Wilson shaken baby case after it was discovered that a congenital condition — and not shaken baby syndrome — was the reason for the infant's death.

COUNTDOWN: 9 days to Wrongful Conviction Day: (Thursday October 2, 2014); Participant's quote:  "When the wrong person is sent to prison, not only are they and their family sent, but society is at risk from the real perpetrator being left free to strike again, as happened in my case. Jeff Deskovic, The Jeffrey Deskovic Foundation for Justice."

STORY: "Irish Nanny's lawyers seek bail hearing,"  by reporter Bob McGovern published by the Boston Herald on September 19, 2014.

GIST: "Defense attorneys in the controversial Irish nanny shaken-baby case yesterday threatened to make a motion to dismiss the charges and also asked for a bail hearing, saying Middlesex prosecutors haven’t provided a lengthy list of evidence that they’ve been requesting. “Something is going on, Judge, and that’s why we’re filing motions in this case,” said David Meier, lawyer for Aisling Brady McCarthy, during a testy hearing at Middlesex Superior Court. “Other lawyers would stand up here and say worse.” McCarthy is awaiting trial for first-degree murder charges in the death of 1-year-old Rehma Sabir, who was taken to Boston Children’s Hospital in January 2013 and died two days later..........He also made a fleeting reference to Middlesex District Attorney Marian Ryan’s decision Thursday to throw out charges in a different shaken-baby case. Geoffrey Wilson, accused of killing his 6-month-old son, Nathan, in 2010, was released from charges after it was discovered that a congenital condition — and not shaken-baby syndrome — was the reason for Nathan’s death. Another evidentiary hearing in McCarthy’s case is scheduled for Oct. 2. The trial is scheduled to start on Oct. 14."

The entire story can be found at:

http://bostonherald.com/news_opinion/local_coverage/2014/09/irish_nanny_s_lawyers_seek_bail_hearing

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.org.

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; 

Henry Keogh: Australia; Forensic expert tells landmark hearing that the autopsy report into the death of murder victim Anna-Jane Cheney "was substandard and lacked description and detail." Adelaide Now.

STORY: "Anna-Jane Cheney autopsy report inadequate, expert tells court hearing Henry Keogh appeal," by reporters Jordanna Schriever and Sea Fewstwer, published by Adelaide Now on September 22, 2014.

SUB-HEADING: An autopsy report into the death of murder victim Anna-Jane Cheney was substandard and lacked description and detail, a forensic expert has told a landmark appeal hearing."

GIST: "The Full Court of the Court of Criminal Appeal today began hearing an application from Henry Vincent Keogh to appeal against his conviction for Ms Cheney’s 1994 murder. UK forensic pathology expert Professor Derrick Pounder told the hearing the standard of the autopsy report, authored by SA’s then-chief forensic pathologist, Colin Manock, was “very poor”. “In the most general terms the detail of description in the report and the quality of the report is far below the quality which I know was operating (at the time) at the Forensic Science Centre of Adelaide,” he said.........Keogh’s lawyers said allegations their client drowned Ms Cheney in her bathtub by grabbing her legs and lifting them up over her head could not be supported by forensic evidence. His conviction, they said, was based on incorrect claims bruises on her ankle were caused just hours before her death and matched the “grip mark” of a human hand. They said those claims had been disproved by a 2004 report prepared for then Solicitor-General — and now Chief Justice — Chris Kourakis. That report, by Professor Barrie Vernon-Roberts, formed part of the Labor Government’s refusal of Keogh’s third petition for mercy. Today, Prof Pounder said the report and erroneous markings on a body chart accompanying the report were below the standards that were operating in 1994. Prof Pounder, who had worked under Mr Manock in Adelaide, said the report was “very poor, specifically with relationship to the bruises”, and contained “errors of fact” about the size and location of bruises on her head, neck and leg. But, he said he could not label Dr Manock as incompetent based on the one report, but said it was “inadequate based on what Dr Manock taught me”.Prof Pounder did not believe bruises on Ms Cheney’s left leg were caused by a hand grip and could have been caused by numerous things. Prof Pounder said bruises on the back of Ms Cheney’s neck and head were caused by the autopsy itself, which was conducted over two days. He said he would normally accept the statements and reports of the first pathologist to conduct an autopsy, but could not do so in Ms Cheney’s case. “I feel that the question of the autopsy and erroneous documentation of other bruises raises very serious doubts as to where the bruise was truly present,” he said. Keogh’s push for an appeal hinged on the evidence of Flinders University Associate Professor Anthony Thomas, who re-examined Professor Roberts’ 2004 report. In February, he suggested Ms Cheney may have suffered an extreme allergic reaction to the antihistamine drug hismanal prior to her death, rather than having been murdered."

The entire story can be found at:

http://www.adelaidenow.com.au/news/south-australia/annajane-cheney-autopsy-report-inadequate-expert-tells-court-hearing-henry-keogh-appeal/story-fni6uo1m-1227066548718

See related story: "Henry James Keogh has lost a number of appeals against his conviction for murdering Anna-Jane Cheney in March 1994. But under new South Australian legislation, he has begun a landmark challenge arguing there is fresh and compelling evidence in the case. His lawyers contend that fresh evidence, including the possibility his fiancee may have suffered an extreme allergic reaction, undermined his conviction."

 http://indaily.com.au/news/2014/09/22/henry-keoghs-landmark-challenge-begins/

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.org.


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; 

Gerard Richardson: New Jersey; Star-Ledger wants New Jersey to get rid of the "mountain" of red tape that impedes use of DNA to exonerate the innocent -and to catch the guilty before they can go on to commit more crimes.

COUNTDOWN: 10  days to Wrongful Conviction Day: (Thursday October 2, 2014);Quote from the Knoops Innocence Project (The Netherlands), a participant: "We take our clients very serious, even if all odds are against them

To quote one of our clients who broke down in tears upon his final release after a proven miscarriage of justice: “Not so much because I got out of prison, but because I was finally believed.”"

EDITORIAL:  "End the absurd bureaucracy around DNA testing," published by the Star-Ledger on September 18 2014.

PHOTO CAPTION:  "Gerard Richardson and his attorney at their appearance before Superior Court Judge John Pursel in Somerville, to discuss new DNA evidence. Richardson was convicted in 1995 and wasn't exonerated until nearly two decades later."

GIST:  "Given the incredible power of DNA to exonerate the innocent and expose the guilty, it's alarming that a mountain of red tape still impedes its use. This new forensic tool has been a game-changer for our criminal justice system, exonerating more than 300 people nationwide. One of them was New Jersey's own Gerard Richardson, an Elizabeth man who spent 19 years in prison for a murder he didn't commit. He finally won his freedom last year, and today, he'll be in Trenton with his lawyer from the Innocence Project, to tell Senate lawmakers why it's so crucial to pass a bill that fixes our state's DNA testing laws. Two big problems continue to ruin innocent lives and let the guilty walk free: First, it's too difficult to use DNA test results from private laboratories to reveal the true perpetrator of a crime. Second, it's virtually impossible for an ex-con who still swears he's innocent to get DNA testing.........We've got to catch guilty people immediately. This bill proposed in the Senate would help do that, by making it easier to enter DNA test results from private laboratories into the national DNA databank, to settle claims of innocence and reveal the true perpetrator of the crime. The same bill would also fix the second serious problem with our state's DNA law -- that it prohibits testing for anyone who is not currently in custody. This means that if you've already done your prison time, you have no way to prove your innocence, even if you offer to pay for DNA testing yourself.

The crime scene evidence is in state custody, and will only be released to a defendant who is currently in prison. What sense does that make?.........Lawmakers should vote yes on this bill, because the costs of both fixes is minimal. If an in-person site inspection is necessary for a private laboratory, the defendant can pay the travel costs. And allowing ex-cons to get DNA testing affects only a small number of people -- after all, if you're no longer in custody, you have little incentive to seek DNA testing if you're guilty. As Richardson will testify, the very least we owe the innocent is a fresh start."

The entire editorial can be found at:

http://www.nj.com/opinion/index.ssf/2014/09/nj_must_end_the_absurd_bureaucracy_around_dna_testing.html

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.org.


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; 

Henry Keogh: Australia: In jail for almost two decades, he gets a new chance for freedom at a momentous hearing set to begin on Monday. (September 22);

COUNTDOWN: 11  days to Wrongful Conviction Day: (Thursday October 2, 2014); Quote from John Artis (a participant): “Devoid of any evidence or fact, authorities attempted to have me state that Rubin Carter was a murderer, to assist in convicting Rubin and sending him to the electric chair, for the promise that I would be released. In reality, it would have wrongfully convicted two innocent people and sent both of us to our deaths. I refused. Integrity is an innate, immeasurable, uncompromising quality.”......... John Artis

POST: Seminal miscarriage hearing to begin," published by Civil Liberties Australia on September 19, 2014.

SUB-HEADING: "A 20-year-old murder case which produced new appeal laws finally gets back in court this month, when Henry Keogh gets a new chance for freedom."

GIST: "The case of Henry Keogh finally gets back into court after 19 years on Monday 22 September in Adelaide. Keogh  has been in jail for nearly two decades, convicted on forensic pathology “evidence” discredited by tribunal and medical inquiries over the past decade but, until now, unable to be re-examined before a court of law. Aspects of the forensic “science” have also been disowned by the state pathologist who gave evidence in the original trial. A long campaign by legal academic Dr Bob Moles resulted in the South Australia government passing a new ‘Right to Appeal’ law in mid-2013 to cater for miscarriage of justice cases like that of Keogh, where traditional appeal rights had been exhausted. (Tasmania has just indicated it will introduce a similar law in 2015, after Civil Liberties Australia lobbying). Keogh was jailed for 26 years in 1995 for killing his fiancee, soon-to-be wife, Anna-Jane Cheney, by allegedly holding her head under a small volume of water in a bath tub. Forensic evidence was given that the corpse showed thumb marks, which were not evident in photos to other people; the body was cremated before an independent examiner could be called in. Other medical evidence, discredited in the original trial to Keogh’s detriment, indicated Cheney may have drowned following anaphylactic shock."

The entire post can be found at:

http://www.cla.asn.au/News/seminal-miscarriage-hearing-to-begin/

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.org.


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;