Hersh Wolch: Manitoba; A tribute to a truly great lawyer, great human being, great mentor to many, and defence counsel in one of Canada's most memorable DNA cases (Regina V. David Milgaard) - and many other extraordinary cases featuring complex forensic issues, including Kyle Unger and Steven Truscott. May he rest in peace. Harold Levy. Publisher; The Charles Smith Blog..."While Wolch represented many clients through the years, Milgaard - who he was able to free after Milgaard served 23 years in prison for the murder of Saskatchewan nursing aide Gail Miller in 1969 - was his most well known. Milgaard was released after DNA evidence cleared him of the crime. Wolch even cross examined Larry Fisher - who ultimately was convicted of the murder - before a special hearing of the Supreme Court of Canada, one of only three hearings in its history to have received evidence. David Asper, who as a criminal lawyer worked on the Milgaard case with Wolch, said Wolch's "cross examination of Larry Fisher at the Milgaard hearing in the Supreme Court was an amazing piece of lawyering, that not only led to getting David’s release, but ultimately the investigation and conviction of Larry Fisher."

STORY: "Hersh Wolch, lawyer who acted in several wrongful conviction cases, dead at 77," by reporter Kevin Rollason, published by The Winnipeg Press, on July 19, 2017.

PHOTO CAPTION: "Defence lawyer Hersh Wolch represented David Milgaard, Steven Truscott, and Kyle Unger among others."

GIST: "When it came to wrongfully accused criminals in Canada, defence counsel Hersh Wolch represented a veritable who's who in a legal career that was more than five decades long.

Wolch, who represented David Milgaard, Steven Truscott, and Kyle Unger among others, died on Monday after suffering a heart attack at his Calgary residence. He was 77. "He was probably the most brilliant trial lawyer I ever had the privilege to watch in a courtroom," his former Winnipeg legal partner, Sheldon Pinx, said on Monday. "He was extraordinarily gifted. He was also skilled in cross examination and other aspects you need in court. "I am shocked. I am totally shocked." Wolch first received his Bachelor of Commerce at the University of Manitoba in 1962, before graduating with a law degree in 1965. He was called to the Bar of Manitoba in 1965, Saskatchewan in 1972, and Alberta in 1978. Wolch began his legal career as a Manitoba Crown attorney from 1965 to 1971, and then went to the federal Department of Justice until 1973. Wolch switched from prosecuting criminals to defending them and while in Winnipeg he was part of the law firm Wolch, Pinx, Tapper, Scurfield. But about two decades ago, with most of his practice in Calgary, he decided to relocate there. Milgaard: Most prominent case:  While Wolch represented many clients through the years, Milgaard - who he was able to free after Milgaard served 23 years in prison for the murder of Saskatchewan nursing aide Gail Miller in 1969 - was his most well known. Milgaard was released after DNA evidence cleared him of the crime. Wolch even cross examined Larry Fisher - who ultimately was convicted of the murder - before a special hearing of the Supreme Court of Canada, one of only three hearings in its history to have received evidence. David Asper, who as a criminal lawyer worked on the Milgaard case with Wolch, said Wolch's "cross examination of Larry Fisher at the Milgaard hearing in the Supreme Court was an amazing piece of lawyering, that not only led to getting David’s release, but ultimately the investigation and conviction of Larry Fisher.........Greg Rodin, who was a partner in Wolch's law firm in Calgary, said Wolch "was working to the end - and probably too hard. "He had numerous cases ongoing. We were working together on Unger. Hopefully that will resolve itself soon." Unger was convicted of first-degree murder in the death of Brigitte Grenier in 1990, at a music festival in Roseisle. But, after spending 14 years in prison, Unger was cleared with the federal justice minister saying in 2009 that the conviction had probably been a miscarriage of justice. He has since launched a $14.5 million lawsuit against federal and provincial justice officials. ( Rodin said Wolch had many precedent setting cases through the years. "Hersh was, if not the most, among the most prominent practitioners of criminal law this country has ever seen," he said. "He has helped many people." Wolch is survived by his wife, Alberta Court of Appeal Justice Sheilah Martin, and seven children."

SOME OF THE CASES NOTED BY THE FREE PRESS WHICH HAVE BEEN FOLLOWED BY THIS BLOG OVER THE YEARS  IN ADDITION TO DAVID MILGAARD: Represented Kyle Unger in his appeal after a hair found on the body of 16-year-old Brigitte Grenier, used during his trial to connect him with Grenier, was determined not to be from him..........Represented Steven Truscott. Truscott, then 14, was sentenced to hang in 1959 after being convicted of the rape and murder of schoolmate Lynne Harper. His sentence was later changed to life in prison and he received parole after serving 10 years. Wolch represented him years later when Truscott wanted to clear his name He was acquitted by the Ontario Court of Appeal in 2007, and awarded $6.5 million by the Ontario government for his wrongful conviction."

The entire story can be found at; 

http://www.winnipegfreepress.com/local/hersh-wolch-lawyer-who-acted-in-several-wrongful-conviction-cases-dead-at-77-435004373.html

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;

Phillip Tallio: British Columbia; B.C. False confessions; He has waited 34 years to clear his name, the Globe and Mail (reporter Jana G. Pruden) reports..."After years of intensive investigation and research, the Innocence Project at the University of British Columbia has won Mr. Tallio the right to appeal his 1983 conviction for the murder of his 22-month-old cousin, Delavina Mack, well over three decades after the appeal deadline passed. The historic appeal is based on new DNA evidence and questions about a flawed and tunnel-visioned police investigation, serious concerns about his two alleged confessions, evidence of Mr. Tallio’s cognitive limitations, reports of systemic racism, and witness accounts that raise the possibility of other suspects never investigated by police."..."After his arrest, Phillip Tallio was interrogated by RCMP for 10 hours without speaking to a lawyer. He maintained his innocence during the recorded interview, but then apparently confessed during a period in which the tape recorder malfunctioned. Mr. Tallio also allegedly gave a second confession during a later session with a forensic psychologist, which was also unrecorded. With no direct evidence linking him to the murder, his conviction rested on the two confessions. A judge excluded the RCMP confession from the trial based on doubts about the voluntariness of the statement given Mr. Tallio’s intellectual level, that he was unable to speak with anyone who could help him, and the length and nature of the interrogation – including that he had been held in isolation for 10 hours. The decision left the entire case resting on the statements Mr. Tallio had reportedly made to a forensic psychologist, Dr. Robert Pos. The Crown prosecutor in the case, Deirdre Pothecary, now says she believes Mr. Tallio would have been convicted of first-degree murder if the alleged confession to Dr. Pos was allowed to go before the jury, but found not guilty if it was excluded. Instead, a plea deal was struck before that was decided. Mr. Tallio pleaded guilty to second-degree murder nine days into his trial that fall, which would see him eligible for parole after 10 years rather than face a first-degree conviction with no chance of parole for 25."..."One psychologist who had examined Mr. Tallio before the trial described him as being easily confused and overwhelmed, unable to think things through and anticipate consequences, and having “blind faith” that people would help him. She said he would sometimes tell people what he thought they wanted to hear so that they would stop questioning him, and she expressed concerns about his ability to understand the court proceedings he was facing. She said that before the trial Mr. Tallio appeared to think that the sooner he went to prison, the more likely he would be home for Christmas. A court stenographer who worked on the case described Mr. Tallio as being like a child, and said he was upset over missing Halloween. Mr. Tallio claimed he did not make either confession, and never even met with Dr. Robert Pos, the forensic psychologist he supposedly confessed to. In one affidavit, a retired criminal defence lawyer says he believes Dr. Pos lied about meeting with his client in a different murder case, and the lawyer expressed serious concerns about Dr. Pos (who is now dead), calling him a “deluded professional” who believed he could tell if people were lying by looking at their carotid artery. And then there was the lack of physical evidence to prove or disprove Mr. Tallio’s claims. With all of the RCMP exhibits missing, Rachel Barsky and her colleagues at the UBC Innocence Project located 45 tissue samples that had been taken during the child’s autopsy and were still being stored at the BC Children’s Hospital. Shortly after the samples were located, Mr. Tallio was interviewed again by the RCMP. During the interview, he repeatedly said he hadn’t killed Delavina Mack, and expressed frustration at being unable to prove his innocence. He offered to give the officers any kind of DNA sample they wanted. Asked by one of the officers what DNA meant to him, Mr. Tallio said, “Freedom.” “And if we take your DNA sample and have it checked to the potential DNA located on the vagina sample, what’s that going to show us?” the officer asked. Mr. Tallio answered, “That it wasn’t me.”

STORY: "B.C. inmate Phillip Tallio has waited 34 years to clear his name. These women might help him do it," by reporter Jana G. Pruden, published by the Globe and Mail on July 15, 2017. (Jana Pruden is a feature writer at The Globe and Mail.)

SUB-HEADING: "Phillip Tallio has been jailed for three decades for a brutal crime he says he did not commit. Jana G. Pruden tells the story of a young outsider, a troubling police investigation and the women whose efforts won him the right to an unprecedented appeal.

PHOTO CAPTION:  Robyn Batryn of Maple Ridge, B.C., holds up a picture of Phillip Tallio, who has been in prison for 34 years, accused of raping and killing his 22-month-old cousin in 1983. He and his supporters say he’s innocent, and now his case is being appealed."

GIST: "In the first year after he was charged with the rape and murder of a child, Phillip James Tallio wrote his teenaged girlfriend 116 letters, every one of them repeating the same thing. He said it before his trial and after his conviction, and when he was sentenced to life in prison. For more than 34 years he said it, over and over, and he would not stop. He said it to family members and to correctional staff, in prison programs and to the parole board, even though he knew saying it meant he would not be released. When people told him to stop saying it, so at least he could get out of prison and have some kind of a life, he told them he would never admit to something he didn’t do. And then he’d repeat the same thing he’d been saying for 34 years: I didn’t do this. Now, a lifetime later, people are listening. After years of intensive investigation and research, the Innocence Project at the University of British Columbia has won Mr. Tallio the right to appeal his 1983 conviction for the murder of his 22-month-old cousin, Delavina Mack, well over three decades after the appeal deadline passed. The historic appeal is based on new DNA evidence and questions about a flawed and tunnel-visioned police investigation, serious concerns about his two alleged confessions, evidence of Mr. Tallio’s cognitive limitations, reports of systemic racism, and witness accounts that raise the possibility of other suspects never investigated by police.“It’s something that us outside of the prison life will never be able to fully comprehend, especially that many years,” says Rachel Barsky, who began working on the case six years ago while a law student involved with UBC’s Innocence Project, and is now a lawyer working as co-counsel on the case. “Thirty-four years in prison. Phillip has missed out on a lifetime.”........ The case has largely come to light because of a former correctional officer who knew Mr. Tallio when he was a teenager and the subsequent efforts of her daughter, Robyn Batryn, who, for the past 15 years, has been working to have the case reviewed. “It makes me sad. He’s lost everything. It’s almost like he has to start right from the beginning,” says Ms. Batryn, a health-care supervisor. She says her mother, now almost 93, wants to see Mr. Tallio released before she dies. The questions around his conviction are significant enough that even the judge who presided over Mr. Tallio’s preliminary hearing has filed an affidavit saying he has come to wonder whether the man imprisoned for 34 years is actually guilty. Mr. Tallio, 51, has been eligible for parole since 1993, but has been repeatedly denied any kind of release, because of his steadfast refusal to accept responsibility for the murder. He has been held long past when most offenders are granted parole, even for the most heinous crimes.........After his arrest, Phillip Tallio was interrogated by RCMP for 10 hours without speaking to a lawyer. He maintained his innocence during the recorded interview, but then apparently confessed during a period in which the tape recorder malfunctioned. Mr. Tallio also allegedly gave a second confession during a later session with a forensic psychologist, which was also unrecorded. With no direct evidence linking him to the murder, his conviction rested on the two confessions. A judge excluded the RCMP confession from the trial based on doubts about the voluntariness of the statement given Mr. Tallio’s intellectual level, that he was unable to speak with anyone who could help him, and the length and nature of the interrogation – including that he had been held in isolation for 10 hours. The decision left the entire case resting on the statements Mr. Tallio had reportedly made to a forensic psychologist, Dr. Robert Pos. The Crown prosecutor in the case, Deirdre Pothecary, now says she believes Mr. Tallio would have been convicted of first-degree murder if the alleged confession to Dr. Pos was allowed to go before the jury, but found not guilty if it was excluded. Instead, a plea deal was struck before that was decided. Mr. Tallio pleaded guilty to second-degree murder nine days into his trial that fall, which would see him eligible for parole after 10 years rather than face a first-degree conviction with no chance of parole for 25......... Eventually she found a lawyer willing to have some students review the proceedings, and she “hounded him to death” until it happened. Ms. Batryn then took their notes to the Association in Defence of the Wrongly Convicted (now called Innocence Canada), which had been involved in overturning high-profile wrongful convictions such as those of David Milgaard and Thomas Sophonow. Progress stalled when it was discovered that all the RCMP forensic evidence in the case had been lost or destroyed, but Ms. Batryn refused to accept it was a dead end. In 2009, she heard about the UBC Innocence Project, and after an extensive review, the group took on the case. ........In his own affidavit, the judge who presided over Mr. Tallio’s preliminary hearing described serious concerns around policing and the administration of justice in the area, including an RCMP practice of imprisoning young Indigenous men for no reason on weekends to keep the community quiet. Judge Charles Cunliffe Barnett said that people in the community were also extremely reluctant to believe a local could commit a terrible crime, and noted that, having lived away for most of his life, Mr. Tallio was an outsider. “I have, over the years, wondered about Phillip Tallio’s case,” Judge Barnett wrote. “Initially, I focused my thoughts upon what I perceived to be the failings of the child protection system. As time went on and I learned that Phillip Tallio was still imprisoned and refused to acknowledge guilt, I came to wonder if he, an outsider in Bella Coola, had truly been guilty of violating and killing Delavina Mack.” The affidavits also raised significant questions about both of Mr. Tallio’s confessions and his guilty plea. One psychologist who had examined Mr. Tallio before the trial described him as being easily confused and overwhelmed, unable to think things through and anticipate consequences, and having “blind faith” that people would help him. She said he would sometimes tell people what he thought they wanted to hear so that they would stop questioning him, and she expressed concerns about his ability to understand the court proceedings he was facing. She said that before the trial Mr. Tallio appeared to think that the sooner he went to prison, the more likely he would be home for Christmas. A court stenographer who worked on the case described Mr. Tallio as being like a child, and said he was upset over missing Halloween. Mr. Tallio claimed he did not make either confession, and never even met with Dr. Robert Pos, the forensic psychologist he supposedly confessed to. In one affidavit, a retired criminal defence lawyer says he believes Dr. Pos lied about meeting with his client in a different murder case, and the lawyer expressed serious concerns about Dr. Pos (who is now dead), calling him a “deluded professional” who believed he could tell if people were lying by looking at their carotid artery. And then there was the lack of physical evidence to prove or disprove Mr. Tallio’s claims. With all of the RCMP exhibits missing, Rachel Barsky and her colleagues at the UBC Innocence Project located 45 tissue samples that had been taken during the child’s autopsy and were still being stored at the BC Children’s Hospital. Shortly after the samples were located, Mr. Tallio was interviewed again by the RCMP. During the interview, he repeatedly said he hadn’t killed Delavina Mack, and expressed frustration at being unable to prove his innocence. He offered to give the officers any kind of DNA sample they wanted. Asked by one of the officers what DNA meant to him, Mr. Tallio said, “Freedom.” “And if we take your DNA sample and have it checked to the potential DNA located on the vagina sample, what’s that going to show us?” the officer asked. Mr. Tallio answered, “That it wasn’t me.”........After more than 34 years, the case of Phillip James Tallio is far from over. Mr. Tallio’s lawyer, Ms. Barsky, says she expects it to take at least five or six months to apply to the courts to have additional samples released for DNA testing. If a judge does order them to be released, the new samples have to be tested before the appeal can proceed. “There are a lot of steps that go into a case as complex as this,” Ms. Barsky says. “We’re dealing with a lot of issues that are unprecedented and that haven’t been done in Canada before … so we have to figure things out as we go along.""

The entire story can be found at:

https://www.theglobeandmail.com/news/british-columbia/phillip-tallio-appeal/article35680801/

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;

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Jeffrey Clark and Garr Hardin: Kentucky; Wrongfully Convicted of ‘Satanic Killing,’ (imprisoned for over 22 years) they claim the Louisville Police Department fabricated evidence and a story about a Satanic ritual killing to convict them...." Clark and Hardin filed nearly identical lawsuits with separate attorneys in the Western District of Kentucky this week, claiming that Detective Handy’s “practice was to coerce confessions by lying to suspects about the evidence against them – including false or sham polygraph results, threats, and false promises of leniency.” The men claim Handy used these tactics during interrogations, and when they refused to confess to Warford’s killing, he “falsely reported that Hardin admitted sacrificing animals as part of a Satanic ritual and later decided that he wanted to ‘do a human.’” Hardin says “nothing in the statement was true. [He] had never sacrificed an animal or a human, and he never told Det. Handy that he had done so or wanted to try.”..."Hardin says the Louisville Metro Police Department and its investigators also falsely asserted a bloodstained handkerchief found in his home had been used to clean up animal sacrifices, despite having no DNA evidence to support the claim. “Hardin consistently maintained the blood on the handkerchief was his own,” says the complaint, “but, on information and belief, defendants either suppressed evidence that corroborated Hardin’s account or deliberately failed to investigate it. DNA testing later proved Hardin right: the blood on the handkerchief was his.” The two men say the only physical evidence obtained by police was a hair supposedly left on the victim by the murderer. A Kentucky State Police forensic investigator told the prosecution the hair belonged to Hardin, but the men claim “post-conviction DNA testing excluded both Hardin and Clark as the source of the hair.” Even a confession from a man with a “long and violent criminal history” did not deter Handy and the other investigators from pursuing charges against Clark and Hardin, they say."..."“This testing proved definitively that none of the hairs found on the victim could have come from Hardin or Clark – including the hair that purportedly matched Hardin’s hair under a microscope,” the lawsuit states."

STORY:  "Inmates Wrongfully Convicted of ‘Satanic Killing’ Say Cops Fabricated Evidence," by Kevin Koeniger, published by Courthouse News on July 14, 2017.

GIST: "A pair of inmates wrongfully imprisoned for over 22 years on murder convictions claim the Louisville Police Department fabricated evidence and a story about a Satanic ritual killing to convict them. Jeffrey Clark and Garr Hardin were released from prison in August 2016 after DNA evidence exonerated them for the killing of 19-year-old Sue Warford, who was found stabbed to death in a Meade County, Kentucky, field on April 5, 1992. Clark and Hardin claim that Louisville Police Detective Mark Handy “immediately focused the investigation on [them] and developed the false theory that they had murdered the victim in a Satanic ritual killing.” Clark and Hardin filed nearly identical lawsuits with separate attorneys in the Western District of Kentucky this week, claiming that Detective Handy’s “practice was to coerce confessions by lying to suspects about the evidence against them – including false or sham polygraph results, threats, and false promises of leniency.” The men claim Handy used these tactics during interrogations, and when they refused to confess to Warford’s killing, he “falsely reported that Hardin admitted sacrificing animals as part of a Satanic ritual and later decided that he wanted to ‘do a human.’” Hardin says “nothing in the statement was true. [He] had never sacrificed an animal or a human, and he never told Det. Handy that he had done so or wanted to try.” Another investigator “conspired with Clark’s estranged girlfriend … to manufacture an inculpatory statement falsely accusing Clark of an interest in Satanism and murder,” according to Hardin’s lawsuit. “[The ex-girlfriend] had reason to falsely implicate Clark because he had witnessed her sexually abusing her son and reported the abuse,” the lawsuit claims. Hardin says the Louisville Metro Police Department and its investigators also falsely asserted a bloodstained handkerchief found in his home had been used to clean up animal sacrifices, despite having no DNA evidence to support the claim. “Hardin consistently maintained the blood on the handkerchief was his own,” says the complaint, “but, on information and belief, defendants either suppressed evidence that corroborated Hardin’s account or deliberately failed to investigate it. DNA testing later proved Hardin right: the blood on the handkerchief was his.” The two men say the only physical evidence obtained by police was a hair supposedly left on the victim by the murderer. A Kentucky State Police forensic investigator told the prosecution the hair belonged to Hardin, but the men claim “post-conviction DNA testing excluded both Hardin and Clark as the source of the hair.” Even a confession from a man with a “long and violent criminal history” did not deter Handy and the other investigators from pursuing charges against Clark and Hardin, they say. James Whitely allegedly confessed to the murder before Clark and Hardin were tried, but the now-exonerated men claim “defendants ignored it.” Clark and Hardin were convicted of the murder in 1995 and sentenced to life in prison. They served over 22 years of their sentences before the Kentucky Supreme Court ordered DNA testing of the physical evidence in 2013." “This testing proved definitively that none of the hairs found on the victim could have come from Hardin or Clark – including the hair that purportedly matched Hardin’s hair under a microscope,” the lawsuit states.  (emphasis in original).""

The entire story can be found at  the following link:

http://www.courthousenews.com/inmates-wrongfully-convicted-satanic-killing-say-cops-fabricated-evidence/

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;

Melissa Lopez: Ontario; CBC reports she claims to have a permanent Childrens Aid Society file after swapping dentists when one reported 'possible oral abuse' on the basis that her 10-year-old daughter had 9 cavities...."Melissa Lopez says her 10-year-old daughter Elianna was told she had nine cavities by a dentist, so the Whitby mom took her for a second opinion. Later, Lopez says the first dentist reported her to the Children's Aid Society. (Supplied by Melissa Lopez) 13k shares Whitby, Ont., resident Melissa Lopez says she was surprised when she brought her daughter Elianna to a new dentist last year and was told the 10-year-old had nine cavities. The mother of three said she was told the child would require thousands of dollars in dental work. Because the family doesn't have dental insurance, they would have to pay for the work themselves, so Lopez decided to get a second opinion. In June, she received a call from the Children's Aid Society, saying the first dentist had reported her for possible "oral neglect" of her daughter. "I couldn't believe it," Lopez told CBC Toronto in an interview this week. Lopez wonders why a dentist would be allowed to report a parent without knowing all the facts, and why she now has a permanent case file with the CAS — even though she provided them with evidence of her daughter's dental work and was told the case was quickly closed. "As a mother, you pride yourself on how you raise your kids. I have three kids — they're healthy, they're happy, they do great in school, they have lots of friends," Lopez said. "For someone to turn around and try to accuse me of neglecting her, it's absurd."

 
STORY: "'It's absurd': Whitby, Ont., mom turned in to children's aid after dentist reports possible 'oral neglect', by reporter Lauren Pelley, published by CBC News on July 16, 2017.

SUB-HEADING: "Melissa Lopez says she has permanent CAS file after swapping dentists when 1 said daughter had 9 cavities."

PHOTO CAPTION: "Melissa Lopez says her 10-year-old daughter Elianna was told she had nine cavities by a dentist, so the Whitby mom took her for a second opinion. Later, Lopez says the first dentist reported her to the Children's Aid Society."

GIST: "Whitby, Ont., resident Melissa Lopez says she was surprised when she brought her daughter Elianna to a new dentist last year and was told the 10-year-old had nine cavities. The mother of three said she was told the child would require thousands of dollars in dental work. Because the family doesn't have dental insurance, they would have to pay for the work themselves, so Lopez decided to get a second opinion. In June, she received a call from the Children's Aid Society, saying the first dentist had reported her for possible "oral neglect" of her daughter. "I couldn't believe it," Lopez told CBC Toronto in an interview this week. Lopez wonders why a dentist would be allowed to report a parent without knowing all the facts, and why she now has a permanent case file with the CAS — even though she provided them with evidence of her daughter's dental work and was told the case was quickly closed. "As a mother, you pride yourself on how you raise your kids. I have three kids — they're healthy, they're happy, they do great in school, they have lots of friends," Lopez said. "For someone to turn around and try to accuse me of neglecting her, it's absurd." Lopez said that, while she didn't notify the first dentist or respond to the office's reminders about booking appointments, that shouldn't be a red flag given how frequently people switch dentists. "There was no sort of letter stating they're concerned for her health ... We've switched dentists before and never notified the previous one," she said. After providing proof to the CAS that her daughter is in good hands, she said the society dropped its request for an interview and closed the case. But the file, Lopez claims she was told, is permanent. "It will always be there, 10, 15, 20 years from now," she said. "I'm red-flagged, I've been marked, and there's no reason for this to have happened." According to the Royal College of Dental Surgeons of Ontario (RCDSO), that first dentist was just doing his job."

The entire story can be found at:
 http://www.cbc.ca/beta/news/canada/toronto/dentist-switch-cas-1.4205558

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;

Susan Neill-Fraser: 'Sunday Night' revelation: 'Development in Neill-Fraser appeal: A new witness has come forward and will testify in convicted murderer Neill-Fraser’s appeal........."The program reported that a new witness had come forward with details of private conversations with Meaghan Vass, the then 15-year-old homeless teenager whose DNA was discovered on board the couple’s yacht Four Winds. Sunday Night did not elaborate on who the witness is or the specific information they are expected to provide. The program revealed that Ms Vass had also been called to testify at Neill-Fraser’s upcoming Supreme Court appeal hearing, but was unable to interview her for legal reasons. Ms Vass has previously denied being on board the Four Winds, and police have said the DNA sample was believed to be a secondary transfer. Forensic scientist, professor Peter Gunn, said it was more likely that Ms Vass had been on board the yacht “at some stage” to leave the DNA sample."

STORY: "Development in Neill-Fraser appeal,"  published  by OIA News on July 16, 2017.

GIST: "A new  witness has come forward and will testify in convicted murderer Susan Neill-Fraser’s appeal, Neill-Fraser is serving 23 years in prison for the murder of her partner Bob Chappell, who disappeared from the couple’s yacht moored near Sandy Bay on Australia Day, 2009. His body was never found. The program reported that a new witness had come forward with details of private conversations with Meaghan Vass, the then 15-year-old homeless teenager whose DNA was discovered on board the couple’s yacht Four Winds. Sunday Night did not elaborate on who the witness is or the specific information they are expected to provide. The program revealed that Ms Vass had also been called to testify at Neill-Fraser’s upcoming Supreme Court appeal hearing, but was unable to interview her for legal reasons. Ms Vass has previously denied being on board the Four Winds, and police have said the DNA sample was believed to be a secondary transfer. Forensic scientist, professor Peter Gunn, said it was more likely that Ms Vass had been on board the yacht “at some stage” to leave the DNA sample. Neill-Fraser’s daughter Sarah Bowles said she hoped the testimonies would be enough to overturn her mother’s conviction.........In 2012, the Court of Crim­inal Appeal rejected her appeal and the High Court declined to hear her case. A coroner’s inquest also found she was responsible for Mr Chappell’s death. There is no date set for her upcoming appeal, which is expected to take four weeks."

The entire story can be found at:
http://oianews.com/development-in-neillfraser-appeal

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;

Dracut. Massachusetts: New evidence room scandal: "One of the state's top public defenders is calling on Middlesex District Attorney Marian Ryan to notify all defendants with closed criminal cases originating out of the Dracut Police Department that an audit revealing years of evidence mismanagement by the department may contain exculpatory information. Hundreds, if not thousands of convictions may be subject to review and cases reopened based on the audit's findings..."The consultants found that hundreds of pieces of physical evidence, including sexual assault kits, were not properly logged or labeled and that evidence was stored for years in areas without adequate security, according to a redacted copy of the report obtained by The Sun. The discovery notice the district attorney began filing in active Dracut cases on June 9 also revealed that the main evidence room's door sometimes failed to lock and that at least $1,000 in cash collected as evidence went missing. It is not clear from the Pomeroy audit just how far back the DPD's evidence mismanagement began."

STORY: "Lawyer: Notify all Dracut defendants of evidence audit," by reporter Todd Feathers, published by The Lowell Sun on July 14, 2017. GIST: "One of the state's top public defenders is calling on Middlesex District Attorney Marian Ryan to notify all defendants with closed criminal cases originating out of the Dracut Police Department that an audit revealing years of evidence mismanagement by the department may contain exculpatory information. Hundreds, if not thousands of convictions may be subject to review and cases reopened based on the audit's findings. "Because there was a poor system of control, every piece of physical evidence is possibly corrupted and I think the district attorney should identify all active and closed cases and notify counsel and defendants in those cases," said Randy Giola, the deputy chief counsel in charge of the Public Counsel Division of the Committee for Public Counsel Services. ........ The consultants found that hundreds of pieces of physical evidence, including sexual assault kits, were not properly logged or labeled and that evidence was stored for years in areas without adequate security, according to a redacted copy of the report obtained by The Sun. The discovery notice the district attorney began filing in active Dracut cases on June 9 also revealed that the main evidence room's door sometimes failed to lock and that at least $1,000 in cash collected as evidence went missing. It is not clear from the Pomeroy audit just how far back the DPD's evidence mismanagement began. The consultants reported there were conflicting accounts as to when officers stopped using software to track evidence -- one of the systematic failings identified -- but that it might have been as early as 1998. Thousands of cases could potentially be open to review by the district attorney. Giola argued that prosecutors should be responsible for identifying and sending out notices in every relevant case, rather than expecting defendants or attorneys, who may not be aware of the audit, to seek out the information. A 2016 evidence scandal in the Braintree Police Department, where more than $400,000 in cash, more than 60 guns, and thousands of drug samples went missing over nearly 20 years, has resulted in the dismissal of dozens of drug cases and the resignation of the police chief there." The entire story can be found at:  http://www.lowellsun.com/news/ci_31139854/lawyer-notify-all-dracut-defendants-evidence-audit PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;

Susan Neill-Fraser: Australia; News.com (au) sets up ‘Miscarriage of Justice’: Is this grandmother really a cold-blooded killer?, to be broadcast on Sunday night by 'Sunday Night.' ..."Apart from the evidence of the DNA on the yacht, Neill-Fraser’s team argues that she did not have the strength to use the yacht’s winch to dispose of Mr Chappell’s body. Nor did she have the skill to then scuttle the vessel."

STORY: Susan Neill-Fraser: Australia;   "Who was on board the boat? New twist in society heiress Susan Neill-Fraser’s murder of her lover": Locked away for 8 years: New clues in society heiress murder case," by reporter Candace Sutton, published by "news.com (au)" on July 15, 2017.

SUB-HEADING: "Locked away for 8 years: New clues in society heiress murder case."

GIST: New clues have emerged in the murder case against society heiress Susan Blyth Neill-Fraser who is serving a 23 year prison sentence for killing her scientist lover on their luxury yacht.
Neill-Fraser, a talented equestrian and descendant of an old pioneer family, has been desperate to overturn her murder conviction from behind bars. The wealthy and cultured 63-year-old swapped her pearls and silk dresses for life in a blue tracksuit among the female criminals behind the razor wire at Hobart’s notorious Risdon prison. Just a 20-minute drive from where lover Bob Chappell vanished from on board her luxury yacht nine years ago, Neill-Fraser has been working to clear her name. Last month, her legal team’s instructing solicitor Barbara Etter stepped away from a special hearing later this month to present “fresh and compelling evidence”. However now Channel 7’s Sunday Night has interviewed Neill-Fraser about the twist in her case that she hopes will free her from the real possibility of dying behind bars. In failing health, the grandmother is basing her hopes of proving that there were other people aboard the yacht Four Winds when Bob Chappell disappeared. Two other people’s DNA were found on the yacht, one belonging to a homeless girl; the other sample has yet to be identified. “No body, no murder weapon and not witnesses” is the catch cry of Seven’s examination of the Neill-Fraser case.........Police bugged her house and began listening to hours of conversations and phone calls. On August 20, 2009, detectives arrested and charged Neill-Fraser with the murder of Mr Chappell. She was taken to Risdon Prison which she has only left since to appear in the Tasmanian Supreme Court. Her three-week murder trial in late 2010 ended in her conviction. She was sentenced to a maximum of 26 years, which was later reduced on appeal to 23 years. The case gripped the Tasmanian public, with Neill-Fraser always protesting her innocence and her daughters leading a campaign for her freedom. However, police and prosecutors said the weight of her lies was her downfall. Apart from the evidence of the DNA on the yacht, Neill-Fraser’s team argues that she did not have the strength to use the yacht’s winch to dispose of Mr Chappell’s body. Nor did she have the skill to then scuttle the vessel. Neill-Fraser’s daughters have campaigned tirelessly to overturn her conviction and will appear on ‘Miscarriage of Justice’: Is this grandmother really a cold-blooded killer? on Sunday Night, Channel 7 at 7pm."

The entire stor can be found at:

http://www.news.com.au/national/crime/who-was-on-board-the-boat-new-twist-in-society-heiress-susan-neillfrasers-murder-of-her-lover/news-story/7f6c6dd7a88eef8aad05fd8bced7ffd0

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;