Thursday, July 26, 2018

Book Review Series: (Part 14): Anthony Ray Hinton: "The Sun Does Shine by Anthony Ray Hinton with Lara Love Hardin" – a case involving ballistics - reviewed by Tim Adams..." When Stevenson took up the case in 1999, he engaged independent firearms experts who unanimously agreed that Hinton’s mother’s gun was not that used in the murders. It took another 16 years of contested litigation, however, for Hinton’s case to be reheard by the Alabama courts, and for his acquittal. During his time in jail, Hinton watched 54 men walk past his door on their way to be executed."


Round bookshelf in public library


PUBLISHER'S NOTE: In the roughly 10 years since I began publishing The Charles Smith Blog some of the issues I have explored - as well as some of the cases I have been following - have become the subject matter of books. This prompted me recently - as I searched anxiously for ways of keeping me occupied during the languid summer hours - other than sitting on the patio, drinking a cool glass of white wine, and reading the latest Steven King - it occurred to me that a book review series based in my previous posts from the outset of the Blog would be just what the pathologist ordered. I would invite my readers to offer me their own suggestions  for inclusion by email to hlevy15@gmail.com. Have a great summer.

Harold Levy: Publisher. The Charles Smith Blog.

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PASSAGE OF THE DAY:  "Hinton was convicted in 1985 of the attempted murder of a restaurant manager in Alabama. At the time of the shooting, Hinton was on a night shift, cleaning a warehouse 15 miles away from where the attack happened. He worked in a secure facility in which everyone had to sign in and out. He had never been in trouble with the police or even in a fight at school. He was convicted, however, having been picked out of an identity parade by the restaurant manager, who survived. A gun was found at his mother’s house, one she had owned for years, and on this basis – though no ballistics expert appeared at the trial – Hinton was convicted not only of this crime, but also of two other similar murders in the area, and sentenced to death."

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BOOK REVIEW: "The Sun Does Shine by Anthony Ray Hinton with Lara Love Hardin,  reviewed by Tim Adams, published by The Guardian, on March 26, 2018.

SUB-HEADING: An ex-death Row inmate's account of his decades-long struggle for justice is a tribute to friendship, faith - and a wonderful lawyer.


PHOTO CAPTION: ‘A remarkable man’: Anthony Ray Hinton, who spent nearly 30 years on death row for murders he didn’t commit."



GIST: "I first came across the name Anthony Ray Hinton when I wrote about the extraordinary civil rights campaigner Bryan Stevenson and his Equal Justice Initiative based in Montgomery, Alabama. Stevenson, a black, Harvard-educated lawyer who grew up in segregated Delaware, is a man of immense personal courage. He has spent his working life practising out of an office over the road from a former slave market, trying to right some of the ingrained injustice of the penal system in the American south; in particular, he has campaigned on behalf of young black men sentenced to death, based on trials of dubious merit. He has saved more than 100 men from the electric chair through forensic re-examination of evidence in this way, as well as successfully campaigning to overturn a law that allowed juveniles to be incarcerated, often in solitary confinement, for life. Stevenson is the closest the real world offers to Atticus Finch – except that his work never really has a beginning, a middle and an end. Anthony Ray Hinton’s story was perhaps the longest running case on Stevenson’s books. Hinton was convicted in 1985 of the attempted murder of a restaurant manager in Alabama. At the time of the shooting, Hinton was on a night shift, cleaning a warehouse 15 miles away from where the attack happened. He worked in a secure facility in which everyone had to sign in and out. He had never been in trouble with the police or even in a fight at school. He was convicted, however, having been picked out of an identity parade by the restaurant manager, who survived. A gun was found at his mother’s house, one she had owned for years, and on this basis – though no ballistics expert appeared at the trial – Hinton was convicted not only of this crime, but also of two other similar murders in the area, and sentenced to death. When Stevenson took up the case in 1999, he engaged independent firearms experts who unanimously agreed that Hinton’s mother’s gun was not that used in the murders. It took another 16 years of contested litigation, however, for Hinton’s case to be reheard by the Alabama courts, and for his acquittal. During his time in jail, Hinton watched 54 men walk past his door on their way to be executed. His cell was 5ft wide and 7ft long. The execution chamber was 30ft from where he was held. In that time, Stevenson recalls in an introduction to this book, Hinton became a remarkable man. “He learned to engage those around him and create an identity on death row like nothing I’ve ever seen. Not only did he shape the lives of other death row prisoners but also those correctional officers who sought Mr Hinton’s advice on everything from marriage and faith to the struggles of day-to-day life.” Hinton’s account of the way he existed through what he called his “legal lynching” is a story of forgiveness and struggle – and a story of friendship and imagination. Lester Bailey had been Hinton’s first friend when they were both four years old and their mothers let them play together. He visited Hinton for 30 years and while their lives, inside and outside jail, developed a horrible kind of asymmetry – Bailey got married, had kids; Hinton just got older – they never lost their love for each other. Lester had sat with him in the courtroom where, as he was convicted, Hinton made a long speech asking for forgiveness for his prosecutors, professing his faith in justice: “The police case is closed. But God ain’t closed the case and he ain’t about to close it,” he said. Lester nodded at him at that point. “The case was going to be reopened by God, but Lester and I were going to give him every help we could. It took nearly 14 years, Hinton believes, for God to do his stuff and send Bryan Stevenson to his cell, and then nearly as many again for the supreme court to rule unanimously that his case be reopened and for all charges against him be dropped. In those years, he learned an awful lot about time; how to bend and shape it. His wonderful memoir recreates the ways he escaped from his cell in his head – had tea with the Queen of England, married Halle Berry – and how he shared that possibility with his fellow death row inmates. He persuaded the guards to let them start a book group (inevitably, among the first up was To Kill a Mockingbird); he mentored prisoners about the need to replace anger and despair with hope and self-respect. On the day Stevenson came, though, he sank to his knees and said a heartfelt prayer: “I trust things happen in your time, Lord, so I’m not going to ask why you didn’t send Bryan earlier… [but] take care of him because he is doing your work…”

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The Sun Does Shine: How I Found Life and Freedom on Death Row by Anthony Ray Hinton with Lara Love Hardin is published by Rider (£16.99). To order a copy for £14.44 go to guardianbookshop.com or call 0330 333 6846. Free UK p&p over £10, online orders only. Phone orders min p&p of £1.99

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The entire review can be read at:
https://www.theguardian.com/books/2018/mar/26/sun-does-shine-life-freedom-death-row-anthony-ray-hinton

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.

Wednesday, July 25, 2018

Technology: 'ShotSpotter.'...Toronto city councillors vote to implement 'ShotSpotter' technology in wake of tragic Danforth shootings - but not all councillors supported the move...“One of the technologies being submitted, there’s very little information about,” said Councillor Mike Layton ahead of the vote. “There has been no public discussion about this technology. In fact, when I asked very simple questions about how this technology worked, the chief of police didn’t have those answers.”


PASSAGE OF THE DAY: "A motion from Councillor Josh Matlow to eliminate the funding for CCTV cameras and ShotSpotter lost by a vote of 12 to 33. But his request that the equivalent amount of funding, $2.6 million, be added to the plan to implement initiatives in the city’s youth equity strategy approved by council in 2014 was approved unanimously."

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PASSAGE TWO OF THE DAY:  "A group of community activists, scholars and artists published a letter in Now magazine Tuesday condemning the approach of responding to recent violence with policing and not addressing the root causes of violence. “What the city needs now is to understand that violence is a public health issue, social issue and economic issue,” the letter said. “Our communities need mental health supports, social and economic programs that create healthy communities and ease economic hardship.” Money for ShotSpotter, the letter said, “would be better spent on programs that are part of a human-centred, violence prevention approach, rather than being added to the more than $1 billion the city already spends on policing.”

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STORY: "Toronto city council approves $44-million plan to address gun violence," by  City Hall Bureau reporter Jennifer Pagliaro,  published by The Toronto Star on July 24, 2018.

PHOTO CAPTION: "Mayor John Tory speaks to police officers on the Danforth, a day after Sunday’s deadly shooting rampage. "

GIST:  "A hastily drawn plan to combat recent gun violence was approved after a daylong debate at city hall on Tuesday, in the wake of Sunday’s deadly shooting on the Danforth. Councillors approved the $44-million, five-year plan with few major amendments. It included the controversial listening technology called ShotSpotter.  The plan was developed by city staff before Sunday’s violence, and came as Mayor John Tory and police Chief Mark Saunders reacted to a modest increase in the number of shootings this year. (There have been 228 shootings so far in 2018, including Sunday’s violence, compared to 205 at the same point in 2017 and 208 in 2016.) The plan’s entire budget relies on federal and provincial funding that has not yet been approved. If funding is provided, more than $8 million will be spent in 2018: just over $1 million on community initiatives, including $500,000 in one-time funds for established programs working with at-risk youth in priority neighbourhoods and curbing gang violence, and $7.4 million for stepped-up enforcement and surveillance, including 40 new CCTV cameras. Tory and a majority of councillors supported a motion from Councillor Joe Cressy asking the federal government to ban the sale of handguns in Toronto and asking the provincial government to ban the sale of handgun ammunition. The mayor urged councillors to support the package as a whole, saying Saunders had requested the ShotSpotter technology, which is said to be able to detect the sound of gunshots and report it in real time to police. “Chief Saunders is my police expert,” Tory said on the council floor. “This is what I want to give the chief because this is what he says he needs in order to do the job.” Much of the concern in the council chamber Tuesday focused on ShotSpotter. Tory proposed the implementation of that technology at an earlier Toronto Police Services Board meeting without community consultation. The technology would cost $1.26 million in 2018 and $600,000 in ongoing annual operating costs. “One of the technologies being submitted, there’s very little information about,” said Councillor Mike Layton ahead of the vote. “There has been no public discussion about this technology. In fact, when I asked very simple questions about how this technology worked, the chief of police didn’t have those answers.” A motion from Councillor Josh Matlow to eliminate the funding for CCTV cameras and ShotSpotter lost by a vote of 12 to 33. But his request that the equivalent amount of funding, $2.6 million, be added to the plan to implement initiatives in the city’s youth equity strategy approved by council in 2014 was approved unanimously. Council also approved a motion from Councillor Justin Di Ciano that the ShotSpotter technology be monitored by city staff and the community consulted, with a report back to council on its effectiveness in the first quarter of 2019. “I just feel strongly that if there’s something we can do to quell the gun violence in the city, it needs to be done,” Di Ciano said. “I don’t feel there’s any need to delay the implementation of this technology when the problem is now.” A group of community activists, scholars and artists published a letter in Now magazine Tuesday condemning the approach of responding to recent violence with policing and not addressing the root causes of violence. “What the city needs now is to understand that violence is a public health issue, social issue and economic issue,” the letter said. “Our communities need mental health supports, social and economic programs that create healthy communities and ease economic hardship.” Money for ShotSpotter, the letter said, “would be better spent on programs that are part of a human-centred, violence prevention approach, rather than being added to the more than $1 billion the city already spends on policing.”"

The entire story can be read at the link below:
https://www.thestar.com/news/gta/2018/07/24/gun-violence-reduction-plan-to-top-agenda-on-second-day-of-council-days-after-mass-shooting-on-torontos-danforth.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;

Richard Wright: New York State; Major Setback: Convicted once again - in spite of testimony for defence of arson expert John Lentini..."The case was a mix of old testimony and evidence from the 1988 case with new witnesses and evidence 30 years later."..."Mills said his prosecutorial team applied today's arson science to the 1986 evidence and uncovered new evidence and witnesses to strengthen its case."..." McDermott said the defense would pursue its legal options. "There's always an appeal. I'm firmly convinced he's innocent," McDermott said. "I'm sure he's disappointed. He's led a lifetime of disappointment. He's a pretty stoic guy. I'm sure he's going to continue to proclaim his innocence."



PASSAGE OF THE DAY: "Wright was charged with four counts of second-degree murder and a count of first-degree arson in the retrial of the original case from 1988. Ceresia threw out Wright's original conviction after doubts were raised about the forensic evidence used at his trial in the 1980s. Ceresia listened to nearly two weeks of testimony about the blaze set Sept. 1, 1986 on a rear porch at 17 108th St. Tara Gilbert, 14, and Meredith Pipino, 13, died. The case was a mix of old testimony and evidence from the 1988 case with new witnesses and evidence 30 years later. Wright chose a bench trial, taking out the potential that the girls' deaths would inflame a jury and that the prior conviction would not be an influence. Ceresia vacated Wright's original conviction in October after the defense developed evidence questioning the evidence of an arson occurring. Wright was sentenced to 25 years to life."

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PASSAGE TWO OF THE DAY:  "Wright's retrial came down to two factors – the credibility of star prosecution witness Martin "Danny" Williams and whether the fatal fire was an arson. "This was a case that a lot of people said it was too difficult to win," Special Prosecutor Jasper Mills said. "If you look at everything in its totality you can't come to any other verdict than a guilty verdict." Mills said his prosecutorial team applied today's arson science to the 1986 evidence and uncovered new evidence and witnesses to strengthen its case. Williams was the only person who connected Wright to the fire. Williams recounted how Wright confessed to him while they were getting high smoking crack a few weeks after the fire. "I didn't want to do it. They weren't supposed to be home," Williams said Wright told him in Wright's Fifth Avenue bedroom. The girls and the rest of the Gilbert family had been at the amusement park returning home just hours before the fire. Wright responded with an emotional outburst to Williams shouting "stop (deleted) lying."

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STORY: "For second time, Wright convicted of deadly Troy fire," by reporter Kenneth C. Crowe 11, publshed by The Times Union on July 24, 2018.


GIST: "A judge convicted a 50-year-old man Tuesday in the killings of two teenage girls who died 32 years ago when fire tore through the second-floor apartment where they were having a sleep-over after a day at an amusement park. State Supreme Court Justice Andrew Ceresia convicted Richard J. Wright on all five felony charges. Wright showed no emotion as Ceresia delivered the verdict in Rensselaer County Court. Wright walked silently out surrounded by deputies and court officers to go back to jail to await an Aug. 16 sentencing. Wright was charged with four counts of second-degree murder and a count of first-degree arson in the retrial of the original case from 1988. Ceresia threw out Wright's original conviction after doubts were raised about the forensic evidence used at his trial in the 1980s. Ceresia listened to nearly two weeks of testimony about the blaze set Sept. 1, 1986 on a rear porch at 17 108th St. Tara Gilbert, 14, and Meredith Pipino, 13, died. The case was a mix of old testimony and evidence from the 1988 case with new witnesses and evidence 30 years later. Wright chose a bench trial, taking out the potential that the girls' deaths would inflame a jury and that the prior conviction would not be an influence. Ceresia vacated Wright's original conviction in October after the defense developed evidence questioning the evidence of an arson occurring. Wright was sentenced to 25 years to life. He has been incarcerated since Troy police arrested him in January 1987. "I'm relieved," Gerilyn Kantyr, Meredith's mother, said. Kantyr testified at both trials. After leaving the witness stand this time, she was in court every day. She said she was worried that perhaps Wright was not guilty and had spent 31 years locked up unnecessarily. But after hearing the testimony, Kantyr said she knew Wright was guilty. Wright's retrial came down to two factors – the credibility of star prosecution witness Martin "Danny" Williams and whether the fatal fire was an arson. "This was a case that a lot of people said it was too difficult to win," Special Prosecutor Jasper Mills said. "If you look at everything in its totality you can't come to any other verdict than a guilty verdict." Mills said his prosecutorial team applied today's arson science to the 1986 evidence and uncovered new evidence and witnesses to strengthen its case. Williams was the only person who connected Wright to the fire. Williams recounted how Wright confessed to him while they were getting high smoking crack a few weeks after the fire. "I didn't want to do it. They weren't supposed to be home," Williams said Wright told him in Wright's Fifth Avenue bedroom. The girls and the rest of the Gilbert family had been at the amusement park returning home just hours before the fire. Wright responded with an emotional outburst to Williams shouting "stop (deleted) lying." Before revealing the verdict, Ceresia said he ignored Wright's remark and that it had no impact on his decision. Ceresia spent three days deliberating. He asked for read-backs of three witnesses' testimony. Two witnesses described seeing Wright out on the streets in Lansingburgh including watching the fire burn from across the street. The other witness was a Troy firefighter who described fighting the blaze.
Ceresia visited to the crime scene during the trial to view the apartment's interior and to see the streets around 108th Street and Fifth Avenue. Mills combined Williams' testimony with that of ATF Special Agent Mark Meeks, who said the evidence showed Wright threw a Molotov cocktail onto the porch, and other witnesses to build a picture of Wright's actions. "Danny Williams was important. People overlook how Danny Williams' testimony was corroborated," Mills said about linking it together with the evidence and other testimony. Defense lawyer Michael P. McDermott countered with arson expert John Lentini, who said it could not be determined if the fire was an arson. Lentini said the cause could not be determined. McDermott attacked Meeks' investigative work as failing to analyze evidence he collected and choosing only what fit his theory that Wright threw a Molotov cocktail. "John Lentini did a great job. He could not from the beginning say it was not an arson. The prosecution went out on a limb to continue to say it was an arson," McDermott said. The evidence the Troy police cited to call the fire an arson, McDermott said, was unscientific, poorly documented and not thoroughly investigated. Addressing Williams' testimony, McDermott said it had been changed five times to fit what police needed in exchange for a misdemeanor plea to criminal trespass and a year in county jail to resolve 28 felony burglary cases. McDermott said a guilty verdict couldn't have been reached without believing Williams' testimony. "This was a tough case. I respect Judge Ceresia he did a marvelous job presiding over the trial," he said. Williams' testimony parroted back what retired Troy Sgt. John Waters said was his theory of the case, that Wright started the fire but didn't mean to kill anyone, McDermott said in summing up the case. "The fire is not the issue in the case. The issue in the case is the credibility of Danny Williams," McDermott said. McDermott relied on documents from 32 years ago to counter witnesses' faded memories of what took place. The motive behind the fire was presented as Wright seeking revenge against Donald Gilbert, Tara's older brother, who stole 30 to 40 audio tapes from Wright. But McDermott also said Williams had said drug dealers had struck a deal with Wright to kill Gilbert for stealing drugs and money so they wouldn't kill him and that two other men had stuck a shotgun in Gilbert's face to threaten him. McDermott said the defense would pursue its legal options. "There's always an appeal. I'm firmly convinced he's innocent," McDermott said. "I'm sure he's disappointed. He's led a lifetime of disappointment. He's a pretty stoic guy. I'm sure he's going to continue to proclaim his innocence.""

The entire story can be read a:
https://www.timesunion.com/news/article/For-second-time-Richard-Wright-convicted-of-13100651.php

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;

Book Review Series: Part 13: Joe Karam: Author of four books about David Bain's case - and outspoken, unabashed supporter and investigator..."Joe Karam is a fascinating man, who, as the following Wikipedia entry shows gave unqualified support- at enormous personal cost to David Bain in his battles for exoneration and compensation. His career shows an extraordinary path from rugby football player, to successful businessman, to seeker of justice for David Bain. HL);"


Round bookshelf in public library


PUBLISHER'S NOTE: In the roughly 10 years since I began publishing The Charles Smith Blog some of the issues I have explored - as well as some of the cases I have been following - have become the subject matter of books. This prompted me recently - as I searched anxiously for ways of keeping me occupied during the languid summer hours - other than sitting on the patio, drinking a cool glass of white wine, and reading the latest Steven King - it occurred to me that a book review series based in my previous posts from the outset of the Blog would be just what the pathologist ordered. I would invite my readers to offer me their own suggestions  for inclusion by email to hlevy15@gmail.com. Have a great summer.

Harold Levy: Publisher. The Charles Smith Blog.

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

PUBLISHER'S NOTE: "Joe Karam is a fascinating man, who, as the following Wikipedia entry shows gave unqualified support- at enormous personal cost  to David Bain in his battles for exoneration and compensation.  His career shows an extraordinary path from rugby football player, to  successful businessman, to seeker of justice for David Bain. As the entry notes: "Based on his extensive research over many years, Karam wrote four books about David Bain's case. The first was "David and Goliath: the Bain family murders" published in 1997. Karam made accusations against two police officers in David and Goliath as a result of which he was sued for defamation. (He won that case as well.) The book created a media furore. Karam appeared regularly on Holmes and 'did a thousand other media interviews'.[1] The second book, "Bain and Beyond" was published in 2000 and the third, "Innocent!: seven critical flaws in the conviction of David Bain" came out in 2001. The fourth book "Trial By Ambush: The Prosecutions Of David Bain" was released in 2012. In this book, Karam accuses Robin Bain of the murders of his wife and three of their children before shooting himself."

Wikipedia entry: "Joseph Francis "Joe" Karam (born 21 November 1951) is a former New Zealand representative rugby footballer who played for the All Blacks. After retiring from rugby, he became a businessman. However, he is most notable for waging a successful 15-year campaign to have David Bain's convictions for murder overturned, and a subsequent campaign seeking compensation for him that has not yet been resolved. Background Karam was born in Taumarunui to a Lebanese father and Irish mother. He grew up on the family farm near Raurimu and attended St. Patrick's College, Silverstream.[1] 
 
Rugby union career: A first XV player at Saint Patrick's, Karam scored 138 of the schools 239 points during the 1967 season.[2] That year he was a North Island secondary schoolboys representative.[3] He spent the 1971 season with Horowhenua. He was selected for Wellington's South Island tour in 1972, becoming the youngest-ever player picked to represent Wellington.[citation needed] An extremely hard trainer at a club level, Karam was named as an All Black for the 1972–73 tour of the British Isles and France. He played 10 test matches for the All Blacks between 1972 and 1975.[3] Rugby league career: Karam switched codes in 1975, signing a three-year deal with the Glenora Bears in the Auckland Rugby League competition $20,000 a year. Karam was horrified that players on the UK tour of 1971 got a pound a day as their living allowance while rugby officials "were flying around the world drinking champagne like it was going out of fashion". For players of "modest employment" slogging it out on the field for their country it meant that "their wife and children were starving back home".[1] He scored 160 points for the Bears in 1976, winning the Painter Rosebowl Trophy as top point scorer. He won the trophy again in 1977. Karam was selected for Auckland almost immediately, playing in six games in 1976 and scoring 53 points. This including playing in Auckland's 17–7 defeat of New South Wales City.[4] He played in one game for Auckland in 1977, kicking six goals. By the final year of his contract, Karam couldn't break into the Glenora side, being succeeded by Warwick Freeman. He reportedly found the tackling work rate to be far more demanding than in rugby union.[5] 

Support for David Bain: Main article: Bain family murders: Karam is known for his many years of unqualified support for David Bain, who was convicted in 1995 of murdering all five members of his family. Karam's research and sustained pressure on the justice system culminated in an appeal to the Privy Council in Britain in May 2007, at which Bain's conviction was overturned. The Privy Council found there had been a substantial miscarriage of justice, quashed his convictions and ordered a retrial. After his convictions were quashed, Karam allowed Bain to stay at his house in the Waikato on bail prior to the retrial two years later. Bain stayed for about three months before moving to Auckland.[6] The new trial was held in 2009 and Bain was found not guilty on all five charges.[7] Without Karam's support, it is unlikely there would ever have been a retrial. His interest in the case began in 1996, when he read a newspaper article about "an old music teacher and a bunch of young, long-haired university students" trying to raise money for Bain's appeal by selling jam.[8] He went and gave them money. He began to study the evidence presented at the original trial and began to feel something was wrong with the case.[9] He went to visit Bain in prison in Christchurch and subsequently visited him over 200 times.[9] According to media commentator Paul Holmes, Karam was appalled at the way the family, the Police and the Fire Service arranged to burn the Bain house down.[10]

Based on his extensive research over many years, Karam wrote four books about David Bain's case. The first was "David and Goliath: the Bain family murders" published in 1997. Karam made accusations against two police officers in David and Goliath as a result of which he was sued for defamation. (He won that case as well.) The book created a media furore. Karam appeared regularly on Holmes and 'did a thousand other media interviews'.[1] The second book, "Bain and Beyond" was published in 2000 and the third, "Innocent!: seven critical flaws in the conviction of David Bain" came out in 2001. The fourth book "Trial By Ambush: The Prosecutions Of David Bain" was released in 2012. In this book, Karam accuses Robin Bain of the murders of his wife and three of their children before shooting himself.[11] Karam was paid $424,480 by Legal Services for his legal work in support of David Bain. Commissioner Nigel Fyfe approved the payment describing Karam's "unique circumstances", and said his legal assistance to Bain's defence was "exceptional" and the "equivalent to a non-qualified legal executive..."[12] 

The personal cost; While supporting Bain, Karam spent his "considerable fortune" on the case.[13] He'd become wealthy in various business ventures including hamburger bars and country pubs and the country's first major independent vending machine company. He had more than 20 investment properties, a launch and racehorses and lived on a 10-acre property in Clevedon. Karam says the crusade cost him millions and his friends estimated his personal losses could be as much as $4 million in terms of his time, loss of earnings and costs of legal and forensic experts.[14] He spent it in his pursuit of the case and ended up living in 15 to 20 different rental houses over the past decade while trying to prove Bain's innocence.[13] He received some compensation prior to the retrial by working as a researcher and investigator for Bain's legal team, where he was paid up to $95 an hour.[9][13] Karam acknowledges that fighting the case has taken its toll on him over the years. Interviewed in the New Zealand Herald in 2007 under the headline Joe Karam: Freedom Fighter, he said, "For many years, the mainstream media, judiciary, and politicians just thought of me as a raving redneck who'd lost the plot."[13] He stopped socialising with rich-list friends because people would inevitably "buttonhole him about the case" and he felt compelled to put them straight – "destroying the dinner party" in the process. He said that "every morning for two years, he would wake up, sink to the edge of the bed and cry".[1] When asked what motivated him to keep going, he said it was because of his "innate hatred of unfairness and urge to help those less fortunate".[13] 

Defamation cases: Karam also took legal action to defend himself in pursuit of the case. In addition to being sued for defamation by two police officers, he took on the media with litigation against TVNZ, North and South magazine and the New Zealand Herald.[13] He sued journalist Rosemary McLeod over an article that cast doubt on his motives for supporting Bain. They settled out of court.[1] In 2011 he sued Trade Me for defamation over 349 posts on the website's public message boards about Bain.[15]In 2012, Karam began legal proceedings against Kent Parker and Victor Purkiss for defamation.[16] Parker and Purkiss were opposed to David Bain receiving compensation and made numerous derogatory comments about Karam on a number of websites.[17] In April 2014, Justice Patricia Courtney identified about 50 defamatory statements published on Facebook and on a private website by Parker and Purkiss, and awarded Karam $535,000. Parker admitted the defamation under cross-examination and was ordered to pay $350,500. Purkiss, who made defamatory posts on Facebook and the website Counterspin, was ordered to pay $184,500.[18]The judgement can be found here.[19] Karam was also awarded $64,774 in costs, and $11,350 disbursements. Journalist Jock Anderson said it was unlikely Karam would ever receive any of the money because Purkiss left the country and Parker was bankrupt.[12] Karam also sued Fairfax NZ because articles on stuff.co.nz drew attention to the websites that contained the defamatory comments by Parker and Purkiss, but Fairfax settled out of court. Karam said the public campaign against his integrity had been the "worst four years" of his life.[20]

 The Innocence Project: Karam believes the fact that it took 13 years to get Bain's conviction overturned shows how flawed the New Zealand justice system is. In 2007 he said he planned to set up an organisation similar to the Innocence Project in the US, where those with skills and resources offer their help pro bono, like a support club for single crusaders such as himself, Keith Hunter and Mike Kalaugher (the Scott Watson campaigners).[1] An attempt to establish a New Zealand Innocence Project was made in 2009 by a group of lawyers concerned about the life sentence given to Alan Hall.[21] In 2013, the project was re-launched out of the University of Otago, and has now been officially accepted as a branch of the Global Innocence network, becoming the world’s 63rd innocence project.[22] Following the Privy Council decision to overturn the murder convictions of Mark Lundy, Karam said the Lundy case shows again that "an independent body is needed to review potential miscarriages of justice". He says it is too hard for someone to fight their case from prison when the Governor General and the police effectively determine whether the original conviction is accurate.[23] Mark Lundy was convicted at his retrial in 2015.[24]

 Publications:
The entire Wikipedia entry can be read at: 
https://en.wikipedia.org/wiki/Joe_Karam

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 PASSAGE OF THE DAY: (From "One Angry Man.") "His bookshelves look like a recommended reading list for Social Justice Crusaders 101: Beyond Reasonable Doubt by David Yallop, In the Name of the Law by David Rose, and everything ever written by John Grisham. His favourite movie? 12 Angry Men. They are fuel for his fire: he relies on past victories to give him hope. It is important to Karam that people believe in what they do: he believes in the sanctity of a fair trial."

See also a fascinating profile of Joe Karam - One Angry Man - by Amanda Spratt, published by The New Zealand Listener on April 21, 2018, at the link below;  Sub-Heading: "Winning is everything for Joe Karam, long-time campaigner for the release of convicted murderer David Bain. But as he awaits the Privy Council decision on the case, which could come at any time, he feels that he is also being judged." He had it all. A loving family, successful businesses and an All Black jersey in a wardrobe full of Italian style. His kids went to Auckland's King's College, he drove big cars, he could make a grand in an afternoon. In the champagne days of the 90s, Joseph Francis Karam was a risk-taking millionaire with a generous disposition and a talent for giving things a good spit and polish. He owned 25 investment properties and a winning racehorse. Every year he'd hire a marquee at the races for friends and family. With a galloping enthusiasm for life and an entertaining line in braggadocio, Karam was a middle-aged colt with a nose for making money and an appreciative eye for the fillies. Ten years down the track, the friends and fortune have gone. The woman he loved left him, he sold his home and he doesn't bother going to dinner parties any more, sick of them ending in an argument and a walk-out. And what few people know is that every morning for two years, Joe Karam, former All Black, successful entrepreneur and self-appointed crusader for justice, would wake up, sink to the edge of the bed and cry. "I had to get up and fight the battle all over again by myself ... None of my friends have stuck by me. None ... One of the hardest things has been the loneliness. I'm the only bugger left. No one's there to pat you on the back." Depending on the opinions of five law lords at the Privy Council, the fight may soon be over for both convicted mass murderer David Bain and the man who has spent the past 11 years campaigning for his release. Karam's public credibility has become so fused to his crusade for Bain's release that in a way the court will also be passing judgment on him. Karam lives in Te Kauwhata, an up-and-coming settlement off the Auckland-Hamilton highway. He got the brick house - a deceased estate - for a bargain last year. Brian, the widower owner who died at 91, hadn't touched a thing since the 1960s, leaving Karam with tearaway gardens, exhausted chocolate-box wallpaper and a lot of potential. And one ageing peacock - that he calls Brian - desperately holding on to his last shaky tail feather. The paper trail from the Bain case is hidden in the garage in several floor-to-ceiling shelving units. If Karam does not know off the top of his head how many pairs of trainers Bain owned, he knows exactly what page to find it on. For a man who says he's not in too deep, it's a curious skill to boast about. Karam well remembers the day in 1996 when he read the newspaper article about "an old music teacher and a bunch of young, long-haired university students" trying to raise money for Bain's appeal by selling jam. He speaks in a tone that could be exasperation from telling it so many times or frustration at a system that makes people do such a thing for justice: he rode in and gave them money. Karam also split from his wife that year. They remain friends. It wasn't his crusade that broke them up: the marriage was over before he began his affair with the Bain case, he says. If anything, the separation drove him to it. Vulnerable and maybe a little disillusioned, Karam was an accident waiting for the Bain case to happen. With his interest piqued by Bain's exuberant first lawyer Michael Guest, Karam read through the trial material. By the time he had become angered enough at the perceived injustices to write David and Goliath, two main pieces of evidence stood out as troubling: the time the computer, which contained a purported suicide note and admission of guilt from father Robin Bain, was turned on; and the photos and statements from police about where a lens from a pair of glasses said to be worn by David that day was found. But in those early weeks, Karam says he was most swayed by meeting Bain: believing himself to be a good judge of character, Karam thought it "odd" that anyone could think this guileless man was a killer. He says the 11-year war was the fault of the police. Besides the "millions" he says it has cost him directly and in lost earnings, the toll so far includes a Police Complaints Authority review, a judicial review, two hearings by the Court of Appeal, a high-profile defamation suit, two Privy Council hearings and several settlements between Bain and various media organisations. They started it, says Karam, by attacking him personally as if he were "some sort of hellraiser". He believes he had no choice but to fight back. "Two firms of private investigators were hired to follow me around. My phone was tapped. It was like the KGB. That was what I was subjected to." It emerged in court during the defamation trial against Karam that a private investigator had indeed been hired by the two officers taking the case: the sleuth was hired to investigate Karam's finances and to check the statements he was making about the two men. There is no evidence that the investigators tapped his phone. "People think that I've had an obsession, which means that I've got so emotionally and every other way involved in this that I'm prepared to stop at nothing to try to get my belief believed by other people. But what really happened," he says, "is that every step of the way it wasn't really my decision. There's always another battle to fight. And I have won every battle. "The police have come at me again and again. They've tried to keep me down. But every time Joe Karam rises like a phoenix." Some of his case rests for validity on the supposition of police conspiracy: if I knew police like he did, says Karam, I'd understand. He also took up the case when others didn't, he says, because he was "naïve" enough to believe that the police would be horrified by the inaccuracies he had uncovered, and because he is "a thinker". "People ask me what I do, and I say, I think. That's how I make my money. I spend a lot of time on my own and you can make a lot more money thinking than you can working. With the Bain case, I think about things that never dawn on other people." As an example, he says he was the only one who thought about what possible motive David would have to suddenly shoot his family. Discussing the case with Karam can be infuriating. He knows every detail and uses a fair bit of that old spit and polish to make his arguments seem shiny and convincing. He states boldly that "we now know Robin Bain was psychotic", but the only new evidence since the trial was that Robin was clinically depressed. Karam is defensive when challenged, and still bitter about a magazine article by journalist Rosemary McLeod that cast doubt on his motives for supporting Bain. He sued: her publication settled out of court. Another victory. Police, of course, beg to differ with Karam's version of events. Karam got personal as well, making accusations against individual police in David and Goliath, which led to the defamation trial (Karam won). Since Karam's involvement, a Police Complaints Authority report, a Ministry of Justice inquiry and a Court of Appeal decision have found that although the police could have been more thorough, sound evidence for Bain's conviction remained. For Karam, this shows how flawed the justice system is. He plans to set up an organisation similar to the Innocence Project in the US, where those with skills and resources offer their help pro bono, like a support club for single crusaders such as himself, Keith Hunter and Mike Kalaugher (the Scott Watson campaigners). But he'll probably only do it if he wins. "People like winners, not losers, especially when it comes to money. If I won, I would be able to expound my views with a degree of importance. People would listen. I would have the success to act as a mentor [to other crusaders] and to pull them along." For Karam, victory is important. Friends say he strives to win to the highest level, but only if they're causes he believes in. But he has always had a strong sense of justice. At 16, he seriously considered becoming a priest. He later read a book about the existence of God that served only to prove the opposite, so he converted to another religion, rugby. But, he says, he has always been "pastoral" and finds it "difficult to walk past a person with a problem". Friends say he'd be the first one to offer help when they needed it. The eldest child and only son of his Lebanese father and Irish mother, Karam had a blessed childhood on the family farm just out of Raurimu. They weren't rich, but there was no great hardship. His sisters went to Horowhenua College, while Karam was sent to St Patrick's Catholic boys' college in Silverstream, Upper Hutt. He was, in a sense, an underdog: a country kid thrown in "with all these kids who had everything. They moaned about the food and that there was nothing to do on Friday night. I treasured it." He grabbed every opportunity: he was a member of the public-speaking team, a prefect and even played a Maori boy in the 1968 school production. He was liked, he says, but didn't court popularity: he'd be the one training while his friends were smoking by the river. He excelled in sport. Other students could run faster and kick better, he says, but they didn't use their brains like he did. His notebooks of that time reveal much about Karam's fastidiousness and determination. From 14 on, he kept meticulous records of all his games with the First XV: the venue, the teams, scores (half-time and fulltime), players and positions, tries and penalties (for and against), the conditions and a critical but fair, and always optimistic, commentary on their performance, including his own. Each page is numbered: on the back page he has included an index. Against Taita in 1968: "We played a shocking game ... and my kicking was very poor ... however, we look forward to better things." Karam shows me a newspaper clipping that he says will help to get "a better understanding" of what kind of person he is. It is a write-up of his "outstanding" performance at an interschool athletics tournament. It attributes much of the school's win to Karam: the saviour of St Patrick's. Better things did soon come to Karam: the youngest-ever player picked to represent Wellington, he is widely accepted as one of the best All Black fullbacks ever. Karam was even better known for being the first high-profile union player to defect to league, joining an Auckland club in 1975 for $20,000 a year. Teammates cried when they heard the news, he says: it was like being excommunicated from the Catholic Church. His move had much in common with his decision to stick with the Bain case: he saw hypocrisy and injustice in rugby management. Karam was horrified by the financial burden that players experienced. On the UK tour of 1971, they got a pound a day as their living allowance. It was enough, says Karam, for a pint of beer in a London pub, and for players of "modest employment" slogging it out on the field for their country it meant that "their wife and children were starving back home". At that time, he says, rugby officials "were flying around the world drinking champagne like it was going out of fashion". "It was a form of protest. I've always been, well, people might say obnoxious," he says. "I've never been afraid to do what I wanted to do even when it doesn't fit the pattern." His decision wasn't just based on principle, though: Karam, by now newly married, knew he didn't have many seasons left, and, ever the entrepreneur, took the money. Karam wonders whether, if he hadn't been an All Black, his campaign would have gained so much traction. He expresses dismay that All Blacks, with their high public profile, contribute so little to society. A few years ago, he attended an All Black centenary celebration and was overwhelmed by the response he got. "It's not exaggerating to say more than 20 wives of players that I met over the years came up to me and said quietly, 'Well done, Joe, I think what you're doing is fantastic. I wish that my husband and all of his cronies would do something. They think that their lives start and end down at the local rugby club. It's a shame they won't take a better interest in society.'" He doesn't subscribe to "the Lion Red mentality" that life is "rugby, racing and beer", and that, he says, is one of the reasons the rugby fraternity view him with "a great deal of suspicion". "If they look at what I'm doing too closely, all it would do is force them to examine their conscience, which they wouldn't really want to have to look at, because who are the All Blacks who have become such great leaders? Where are the All Blacks who have stood up for anything that is actually really that admirable?" What, I ask, about John Kirwan fronting a campaign for mental health? "I don't think he's putting his life out to help others. Where do we see examples of All Blacks stepping outside their comfort zone with possibly a little bit of personal risk to do something that actually helps New Zealand society? We all think All Blacks are gods, so they must be great leaders. But start analysing it. It's bloody dreadful that All Blacks don't individually do more." He appears to have forgotten men like Sir Wilson Whineray. Whether Karam is, as he believes, doing society any good remains to be seen. We'll probably never know. Even he admits that the Bain case has become so layered that no one will ever know with certainty what happened at 65 Every St in 1994. Karam may not have gone into this most unlikely of partnerships for the fame, but it is clear that he has enjoyed the attention. The furore when David and Goliath was launched was, he says, "incredible". He appeared regularly on Holmes, blew the TV1 show's ratings through the roof, and did a thousand other media interviews, without so much as a personal assistant to manage his calls. The journalists who wooed him have since lost interest: Holmes, who once wrote that "I love my friend, Joe Karam", never calls. Karam repeatedly talks about how unique he is, and what an underdog he is. He is the only New Zealand citizen, he says, to be sued by the police with their mighty resources. (In fact, two individual police officers, not the department, sued Karam for defamation over allegations made in his book.) It seems everyone - police, the courts, the NZ Herald, even the Montana Book Awards judges - has had it in for him. David and Goliath remains one of the best-selling books in New Zealand, he says, but he wasn't even nominated for a Montana. When he talks about the Bain case, he refers back to himself and about finding evidence that is "good for me" rather than "good for David". His bookshelves look like a recommended reading list for Social Justice Crusaders 101: Beyond Reasonable Doubt by David Yallop, In the Name of the Law by David Rose, and everything ever written by John Grisham. His favourite movie? 12 Angry Men. They are fuel for his fire: he relies on past victories to give him hope. It is important to Karam that people believe in what they do: he believes in the sanctity of a fair trial. It explains his view on Osama bin Laden. He doesn't condone what bin Laden has done, but unlike George W Bush, says Karam, at least bin Laden believes in what he stands for. The year of the Crewe murders, Karam broke his kneecap and while recuperating became engrossed in the investigation. It might have left a mark on his subconscious. In David and Goliath, he writes that he had to remind himself that Thomas was found guilty twice before his release. And the Bain case, he says, is bigger than Thomas's in terms of its impact on New Zealand history. "The thing with causes célèbres of this nature - miscarriages of justice like Rubin 'Hurricane' Carter, the Guildford Four and the Birmingham Six - is that you see history repeating itself. You even get posthumous pardons. When truths are hidden, they eat away at people until they attack." The loneliness has consumed some of Karam. His three children, Richard, 30, Matt, 28, and Simone, 24, have stuck by him. When he talks about them, he is engaging, enthusiastic and happy. His friends, he says, have not been as loyal. "I understand why. It's a lot to put up with ... They'd say, 'Do we invite Joe Karam for dinner? Well, if you want a row during the second course.'" He admits that the rows might have been as much his fault as anyone's and that he relegated relationships, and every? thing else, to second place. But, he says, he needed all his energy to fight. His one true regret seems to be his break-up with runner Allison Roe. He wanted to marry her, but she couldn't take the fallout from his campaign any more. It was the first time he'd ever been dumped, and it probably did him good, he says. Karam put himself out to pasture then: it was easier, he says, to be alone. He's coming right now, though. He once remarked to a journalist that he knew he was down when he'd lost his appetite for women. He seems to have found it again. Today his shirt is a little faded but still Lacoste, the shoes Prada: even when he was penniless and renting, he always dressed as if he had money. Karam seems to equate wealth with happiness. He's got plans: there are his franchises, his coffee business and property. He's already made $1 million in the past 18 months through investments. He wants to renovate the house; his new granddaughter, Lola, and her mother are close by, and there'll be another book. He is cautiously optimistic about the Privy Council's decision. One suspects if he is wrong, it will be like a death in the family. Karam knows it is also his chance for vindication. "If we lose, the jury will be out on me. There'll be those who admire and respect me and then there's the Establishment that will say we were right all along and that Karam was a loose cannon." Of course, if the Privy Council upholds Bain's conviction, it's not over - where there's life, there's hope, he says. But for now he waits, sitting in his black leather chair in the corner with a cigarette and a bottle of sauvignon, dropping ash on the carpet, listening to a recording of Winston Churchill's greatest speeches, waiting to hear whether he is winner or widower. The only bugger left."


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.


















Tuesday, July 24, 2018

Blood will tell: Major Development; "Jaw-dropping findings from Texas Science Commission."...Pamela Colloff updates readers of her New York Times/ProPublica investigation into the Joe Bryan case in report headed: "Pivotal testimony against Joe Bryan was "egregiously wrong."..." Last Friday, the commission shared its findings, and it’s fair to say that the results were jaw-dropping. The commission found that the testimony of Robert Thorman, the bloodstain pattern analyst who testified at Joe’s trials, was “not accurate or scientifically supported.” And that was just the beginning. “Thorman’s testimony was egregiously wrong,” Celestina Rossi, the bloodstain pattern analyst retained by the commission to examine the case, told me. “If any juror relied on any part of his testimony to render a verdict, Mr. Bryan deserves a new trial.”


 Blood clipart blood splat #1042

REPORT:  Hi everyone. I have some significant news to share about the Joe Bryan case. As you may remember, the Texas Forensic Science Commission has been investigating the reliability and integrity of the bloodstain pattern analysis that helped prosecutors secure Joe’s conviction. Last Friday, the commission shared its findings, and it’s fair to say that the results were jaw-dropping. The commission found that the testimony of Robert Thorman, the bloodstain pattern analyst who testified at Joe’s trials, was “not accurate or scientifically supported.” And that was just the beginning. “Thorman’s testimony was egregiously wrong,” Celestina Rossi, the bloodstain pattern analyst retained by the commission to examine the case, told me. “If any juror relied on any part of his testimony to render a verdict, Mr. Bryan deserves a new trial.” Here’s the full storyThe commission’s findings will likely reverberate through the evidentiary hearing that begins on Aug. 20, in Comanche, Texas, at which Joe’s attorneys will ask that he be granted a new trial. And the commission’s conclusions may put pressure on the Bosque County District Attorney’s office to allow DNA analysis of untested evidence in the case to move forward—an effort prosecutors have thus far blocked. As you reflect on all this, it’s worth noting that Texas is in the middle of a heat wave, and most inmates, like Joe, do not have access to air conditioning. The temperature in Huntsville, where Joe is incarcerated, will be hovering just below 100 degrees all week. Inside the concrete walls of the prison where he is housed, the  temperature in the summer is frequently much higher than it is outside. An inmate like Joe, who is 77 and has congestive heart failure, is particularly susceptible to health problems when confined in sweltering conditions. So what happens next month in Comanche is important. You’ll be hearing more from me then. In the meantime, thanks for your continued interest in this story. Best, Pamela.

The entire update can be read at the link below:
https://mail.google.com/mail/u/0/?tab=wm#inbox/164cbf4a4283761b

Read related ProPublica report  on this major development at the link below:

Influential Texas Commission Says Blood-Spatter Testimony in Joe Bryan’s Murder Case Was “Not Accurate or Scientifically Supported.” The findings of Texas Forensic Science Commission will make it harder to deny a new trial to Bryan, a high school principal convicted of murdering his wife. The case was the subject of an investigation by ProPublica and The New York Times Magazine.

"An influential state commission said the blood-spatter analysis used to convict a former Texas high school principal of murdering his wife in 1985 was “not accurate or scientifically supported” and the expert who testified was “entirely wrong.” The findings of the Texas Forensic Science Commission, a national leader in forensic science reform, called into question the conviction of Joe Bryan, who has now spent more than 30 years in prison. Bryan was the subject of a two-part investigation by ProPublica and The New York Times Magazine in May that questioned the accuracy of the bloodstain pattern analysis used to convict Bryan, as well as the training of the experts who testify in such cases. The findings, which were released during a commission meeting Friday, give fresh urgency to the pleas of Bryan, now 77 and in poor health, for a new trial. Bryan had been attending a principals’ convention in Austin, 120 miles from where the murder occurred, in the days surrounding the murder. He has always maintained that he was in Austin, asleep in his hotel room, at the time of the crime. Created by the Texas Legislature in 2005, the commission — made up of seven scientists, one prosecutor and one defense attorney — does not investigate the guilt or innocence of defendants, but rather the reliability and integrity of the forensic science used to win their convictions. Earlier this year, its inquiry into the Bryan case broadened into a re-examination of bloodstain-pattern analysis, a forensic discipline whose practitioners regard the drops, spatters and trails of blood at a crime scene as clues that can sometimes be used to reverse-engineer the crime itself. The commission examined the training of some of the discipline’s practitioners, who have been admitted as expert witnesses in courts around the country despite having completed no more than a weeklong course in bloodstain interpretation. Robert Thorman, a police detective from Harker Heights, Texas, with 40 hours of training in bloodstain-pattern analysis, was a key prosecution witness in the Bryan case. His testimony about a blood-speckled flashlight found by the victim’s brother in the trunk of Bryan’s car four days after the murder was the linchpin of the prosecution’s case. Yet what connection the flashlight had to the crime, if any, was never clear. In 1985, a crime lab technician working before the advent of DNA analysis determined the blood on the flashlight to be type O, which corresponded not only to Bryan’s wife, Mickey, but also to nearly half the population. To secure a guilty verdict, prosecutors needed to tie the flashlight to the crime scene. Based on his assessment of photographs of the flashlight, Thorman testified that the flecks of blood on its lens were “back spatter” — a pattern that indicated a close-range shooting. With the help of prosecutors, he wove a narrative that suggested the flashlight had been present at the crime scene — specifically, that the killer was holding the flashlight in one hand at the time that he shot Mickey Bryan. At Friday’s meeting in Austin, bloodstain-pattern analyst Celestina Rossi provided a highly critical assessment of Thorman’s interpretation of both the crime scene and the flashlight. “Thorman’s testimony was egregiously wrong,” Rossi said after the meeting. “If any juror relied on any part of his testimony to render a verdict, Mr. Bryan deserves a new trial.” After the publication of the story by ProPublica and The New York Times Magazine, the Texas Forensic Science Commission asked Rossi, a locally prominent bloodstain-pattern analyst, to re-examine the case. The commission had previously retained another analyst, whose findings about the complex case were brief and did not fully answer the commission’s questions."
 https://www.propublica.org/article/texas-forensic-science-commission-blood-spatter-evidence-testimony-murder-case-joe-bryan?utm_source=pardot&utm_medium=email&utm_campaign=dailynewsletter

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.

Technology: 'ShotSpotter.'... At meeting today Toronto councillors to consider investing in 'ShotSpotter' gunshot detection system - as city reels from mass shooting - National Post (reporter Geoff Zochodne) reports..."The digital alerts include a precise location on a map with corresponding data such as the address, number of rounds fired, type of gunfire, etc.’" the website says.


PASSAGE OF THE DAY:  "Mayor John Tory has already backed use of the ShotSpotter system, but the Canadian Civil Liberties Association (CCLA) has raised concerns about the technology. Tory sent a letter to the Toronto Police Services Board dated July 19 recommending that the city expand the number of closed-circuit television cameras to 74 from 34. And in the same letter, he suggested that the city install the ShotSpotter technology “in areas where it will help detect gunshots.” “These are the tools that the (Police) Chief (Mark Saunders) has asked for and I believe we should do everything in our power to provide them,” Tory wrote. “I support our frontline officers and I believe we have a duty as a police board to provide them with the tools they need to help them do their job.” But the CCLA sent a letter to the mayor before the deadly shooting on Sunday that said the group had “serious concerns regarding the impact of new police surveillance technologies for the city of Toronto.” In particular, the CCLA said it was not aware of ShotSpotter being used “in a Canadian context.” “It is thus entirely untested in relation to its privacy impacts, its potential use as a tool with evidentiary value in our Canadian courts, or the constitutionality of its use more generally,” said the CCLA, which asked for 10 days to perform a “legal risk analysis” for the city."

STORY: "Toronto city council to consider investing in 'gunshot detection technology,’ ShotSpotter," by reporter Geoff Zochodne, published by The National Post on July 23, 2018.

SUB-HEADING: "‘The digital alerts include a precise location on a map with corresponding data such as the address, number of rounds fired, type of gunfire, etc.’ the website says.

GIST: "After a gunman killed two people and injured 13 in Toronto’s Greektown neighbourhood, city council is set to make a decision on whether or not to invest in technology that claims to be able to tip police off to shootings less than a minute after shots are fired. On Tuesday, city councillors are slated to consider a report regarding “Immediate Steps to Address Gun Violence.” Part of the item is a recommendation to council to authorize the city manager “to request, enter into any necessary agreements, receive, and allocate Provincial or Federal Government funding” of up to $15 million, which the report said would go to “support enforcement initiatives, including enhanced surveillance activities and enhanced community security in local communities most impacted by gun violence.” Those proposed initiatives include the use of ShotSpotter, technology billed as a speedier way to narrow down the location of a suspected shooting by essentially listening in for suspected gunfire around town, and then alerting police as to where it may be coming from. The system aims to do so based on the time it takes for a gunshot (or gunshot-like) noise to hit microphones that would be set up around parts of the city. According to the website of California-based ShotSpotter Inc., the system involves “gunshot detection technology that uses sophisticated acoustic sensors to detect, locate and alert law enforcement agencies and security personnel about illegal gunfire incidents in real-time.” If prompted, ShotSpotter says an alert would be registered at the company’s “Incident Review Centre,” where employees would analyze the situation and digitally pass along to police the information that they manage to glean from it. “The digital alerts include a precise location on a map (latitude/longitude) with corresponding data such as the address, number of rounds fired, type of gunfire, etc. delivered to any browser-enabled smartphone or mobile laptop device as well as police vehicle (mobile digital computer) or desktop,” the company’s website said. “This process typically takes no more than 45 seconds from the time of the actual shooting to the digital alert (with the precise location identified as a dot on a map) popping onto a screen of a computer in the 911 Call Centre or on a police officer’s smartphone or mobile laptop.” Mayor John Tory has already backed use of the ShotSpotter system, but the Canadian Civil Liberties Association (CCLA) has raised concerns about the technology. Tory sent a letter to the Toronto Police Services Board dated July 19 recommending that the city expand the number of closed-circuit television cameras to 74 from 34. And in the same letter, he suggested that the city install the ShotSpotter technology “in areas where it will help detect gunshots.” “These are the tools that the (Police) Chief (Mark Saunders) has asked for and I believe we should do everything in our power to provide them,” Tory wrote. “I support our frontline officers and I believe we have a duty as a police board to provide them with the tools they need to help them do their job.” But the CCLA sent a letter to the mayor before the deadly shooting on Sunday that said the group had “serious concerns regarding the impact of new police surveillance technologies for the city of Toronto.” In particular, the CCLA said it was not aware of ShotSpotter being used “in a Canadian context.” “It is thus entirely untested in relation to its privacy impacts, its potential use as a tool with evidentiary value in our Canadian courts, or the constitutionality of its use more generally,” said the CCLA, which asked for 10 days to perform a “legal risk analysis” for the city. ShotSpotter is already used in more than 85 cities across the United States, the company says, as well as in one city in South Africa. Its usage extends to places such as Chicago, where ShotSpotter says the service was expanded from three square miles to more than 100, and New York City, where service is said to have been expanded from 15 square miles to 60. There were apparently some cities that “did not have a positive experience,” according to the ShotSpotter website, but the company blamed “suboptimal deployment strategies and poor practices,” such as too small of a deployment area, failure to respond to alerts, and a “lack of community engagement.” But the CCLA said in its letter that it also had “several specific concerns with terms of the ShotSpotter privacy policy.” Moreover, the group said its concerns extend to “possible gag provisions that may be in the terms of service which would limit the ability of Torontonians to make access to information requests regarding the effectiveness of the technology if it is put in place, upon which we would be happy to elaborate.”"

The entire story can be read at:
https://nationalpost.com/news/toronto/toronto-city-council-to-consider-investing-in-gunshot-detection-technology-shotspotter

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.

Book Review Series; (Part 12): How "just Mercy: A story of justice and redemption" takes us into the world of Bryan Stevenson, "an activist lawyer who spent his professional career fighting uphill battles representing the condemned, poor, and sometimes wrongly accused." (Of particular interest to this Blog is the chapter called "Mother, Mother," in which Stevenson represents a woman named Marsha Colbey who gave birth to a stillborn baby and was later arrested for capital murder because a neighbor said the child was alive.)


Round bookshelf in public library

PUBLISHER'S NOTE: In the roughly 10 years since I began publishing The Charles Smith Blog some of the issues I have explored - as well as some of the cases I have been following - have become the subject matter of books. This prompted me recently - as I searched anxiously for ways of keeping me occupied during the languid summer hours - other than sitting on the patio, drinking a cool glass of white wine, and reading the latest Steven King - it occurred to me that a book review series based in my previous posts from the outset of the Blog would be just what the pathologist ordered. I would invite my readers to offer me their own suggestions  for inclusion by email to hlevy15@gmail.com. Have a great summer.

Harold Levy: Publisher. The Charles Smith Blog.

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PASSAGE ONE  OF THE DAY: "In a chapter titled “Mother, Mother” Stevenson represents a woman named Marsha Colbey.  She gave birth to a stillborn baby and was later arrested for capital murder because a neighbor said the child was alive. A state-employed forensic pathologist, Kathleen Enstice, said that the child was alive at birth. She later conceded that without an autopsy she had no basis for her opinion. As it turned out, she had a history of prematurely and incorrectly declaring homicides without adequate supporting evidence. After an autopsy, she testified the child was born alive and died of drowning. Her conclusion of a live birth was a “diagnosis of exclusion” –that is, she could not find evidence of that the baby was stillborn. A witness for the defense, Dr. Spitz completely discredited Enstice’s findings. With the lack of scientific evidence that a crime occurred, the State moved to attack Marsha’s character by introducing evidence that she was poor, a prior drug user and a bad mother for not seeking prenatal care."

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PASSAGE TWO OF THE DAY: "Stevenson’s memoir is very straightforward and an easy read although it can be emotionally taxing at times, especially in recounting his cases involving condemned children. Even so, you find great comfort knowing there is someone like Bryan Stevenson in the world. He most likely could have used his talents and credentials for financial gain but instead spent his time fighting for people with no one else to turn to. His motivations are best summed up on page 18, “We are all implicated when we allow other people to be mistreated. An absence of compassion can corrupt the decency of a community, a state, a nation. Fear and anger can make us vindictive and abusive, unjust and unfair, until we all suffer from the absence of mercy and we condemn ourselves as much as we victimize others. The closer we get to mass incarceration and extreme levels of punishment, the more I believe it’s necessary to recognize that we all need mercy, we all need justice, and-perhaps-we all need some measure of unmerited grace.”

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GIST: "Just Mercy is as inspiring as it is discouraging for someone who is thinking of practicing law with an idealized concept of the justice system. Bryan Stevenson is an activist lawyer who spent his professional career fighting uphill battles representing the condemned, poor, and sometimes wrongly accused. He studied law at Harvard and always knew he wanted to use his education to go against racial inequality and help the poor in some way. Stevenson founded The Equal Justice Initiative, a non-profit that deals with race and poverty, children in prison, mass incarceration, and the death penalty. A notable victory of EJI was convincing the Supreme Court to ban sentencing children, a large majority of which were African American, to die in prison for non-homicide crimes. The largest part of the story focuses on Walter McMillian, an African American man accused of murdering an eighteen year old white girl in Monroe Alabama and sentenced to death. As Stevenson investigates Walter’s case, his innocence becomes undeniable. There were six eye witnesses including a police officer who placed him at a fund raiser 11 miles away at the time of the murder. A key witness for the prosecution was recorded in a pretrial interview being coerced to make up an absurd story with McMillian forcing him to take part in the murder. This tape-recorded interview was originally withheld from the defense and found later by Stevenson. In a chapter titled “Mother, Mother” Stevenson represents a woman named Marsha Colbey.  She gave birth to a stillborn baby and was later arrested for capital murder because a neighbor said the child was alive. A state-employed forensic pathologist, Kathleen Enstice, said that the child was alive at birth. She later conceded that without an autopsy she had no basis for her opinion. As it turned out, she had a history of prematurely and incorrectly declaring homicides without adequate supporting evidence. After an autopsy, she testified the child was born alive and died of drowning. Her conclusion of a live birth was a “diagnosis of exclusion” –that is, she could not find evidence of that the baby was stillborn. A witness for the defense, Dr. Spitz completely discredited Enstice’s findings. With the lack of scientific evidence that a crime occurred, the State moved to attack Marsha’s character by introducing evidence that she was poor, a prior drug user and a bad mother for not seeking prenatal care. Stevenson’s memoir is very straightforward and an easy read although it can be emotionally taxing at times, especially in recounting his cases involving condemned children. Even so, you find great comfort knowing there is someone like Bryan Stevenson in the world. He most likely could have used his talents and credentials for financial gain but instead spent his time fighting for people with no one else to turn to. His motivations are best summed up on page 18, “We are all implicated when we allow other people to be mistreated. An absence of compassion can corrupt the decency of a community, a state, a nation. Fear and anger can make us vindictive and abusive, unjust and unfair, until we all suffer from the absence of mercy and we condemn ourselves as much as we victimize others. The closer we get to mass incarceration and extreme levels of punishment, the more I believe it’s necessary to recognize that we all need mercy, we all need justice, and-perhaps-we all need some measure of unmerited grace.”

The entire review can be read at the link below:
 https://www.njstatelib.org/just-mercy-a-story-of-justice-and-redemption-by-bryan-stevenson/

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;