Robert Lee Stinson: Wisconsin: Major (Welcome) Development: "Settlement calls for Milwaukee to pay $7.5 million to man convicted based on bogus bite mark evidence," the Milwaukee Journal Sentinel (Reporters Alison Dirr and Bruce Vielmetti) reports..."The City of Milwaukee would pay $7.5 million to a man wrongfully incarcerated for 24 years based on bogus bite mark evidence, under a resolution before the Common Council. Robert Lee Stinson, 54, agreed to settle his claims against the city and one of its former police detectives for an initial payment of $3.5 million in August and $4 million in January, the resolution states. The settlement was reached after about eight days in a jury trial over his claims that detectives and dentists conspired to frame him in his neighbor's homicide using the bite mark evidence."

QUOTE OF THE DAY: "The situation, in general, is a very unfortunate one and we don't want to deny the impact that that whole ordeal had on him and his family," Common Council President Ashanti Hamilton said. He said he thinks government is reaching a point where there is a recognition that decisions in the justice system are having a huge impact on communities and institutions financially. "I think we're getting to a point where it's actually more beneficial for us to deal justly with people as opposed to simply getting convictions," he said. "We don't want to be that kind of system, we don't want to be the type of system that's hellbent on locking people up as opposed to receiving and administering justice."

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PASSAGE OF THE DAY: " Stinson was 20 years old when he says he was framed by detectives and dentists who provided expert opinions for the beating death of his 62-year-old neighbor and sentenced to life in prison. The Wisconsin Innocence Project helped free him in 2009 after a panel of forensic experts called the dentists' conclusions in Stinson's case unfounded and when DNA tested from the victim's clothing did not match Stinson. Stinson eventually got $115,000 from the State of Wisconsin. He sued the city, the detectives and the dentists that year. After a decade of pretrial litigation and appeals, the case went to trial in federal court last month. Stinson's lawyers presented evidence that detectives James Gauger and Thomas Jackelen, long deceased, had suspected Stinson and his friends in a different homicide two years earlier. One of the friends testified that he was 17 when he finally agreed to sign a false statement implicating the others after the detectives questioned him for seven hours. He recanted and none of the group was ever formally charged in that case. When Ione Cychosz was found dead near Stinson's home in November 1984 there was little evidence. DNA was not used at the time. But there were several apparent human bite marks on her body. The medical examiner asked Lowell Johnson, who taught at the Marquette dental school and was promoting techniques and theories in forensic dentistry, to take a look. Johnson believed whoever made the marks was missing an upper right incisor, something the detectives knew before they interviewed Stinson. When they noticed he was missing an upper right front tooth, they zeroed in on him as the only real suspect. He denied killing Cychosz and agreed to let Johnson make detailed photographs and molds of his teeth, which Johnson later used, in connection with photos and a model of the victim's breast, to conclude only Stinson could have made the marks. A colleague in the fledgling field in of bite mark evidence, Raymond Rawson of Las Vegas, said he agreed. A prosecutor, who later admitted his gut feeling was that Stinson did not kill Cychosz, was persuaded to charge him with murder based on the two experts' opinions."

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STORY: "Settlement calls for Milwaukee to pay $7.5 million to man convicted based on bogus bite mark evidence," by reporters  Alison Dirr and Bruce Vielmetti, published by The  Milwaukee Journal Sentinel on July 11, 2019.

GIST: "The City of Milwaukee would pay $7.5 million to a man wrongfully incarcerated for 24 years based on bogus bite mark evidence, under a resolution before the Common Council. Robert Lee Stinson, 54, agreed to settle his claims against the city and one of its former police detectives for an initial payment of $3.5 million in August and $4 million in January, the resolution states. The settlement was reached after about eight days in a jury trial over his claims that detectives and dentists conspired to frame him in his neighbor's homicide using the bite mark evidence. “Mr. Stinson waited a very long time for this trial — 34 years since his arrest and nearly 10 years since filing his civil rights lawsuit seeking redress for his wrongful conviction," said Heather Lewis Donnell, one of his attorneys with the Chicago law firm Loevy and  Loevy. "Over the course of the week-and-half trial, the jury heard very powerful and moving testimony that convinced all sides that substantial compensation was in order. This is certainly the largest wrongful conviction settlement that Milwaukee has ever seen and one of the largest civil rights settlements as well.” The city's largest prior payout for wrongful conviction was $6.5 million to Chante Ott, who spent 13 years in prison for a homicide actually committed by serial killer Walter Ellis. The city, which is self-insured, will have to borrow the money to pay Stinson because it has already exhausted the funds in its account for damages and claims.  "The situation, in general, is a very unfortunate one and we don't want to deny the impact that that whole ordeal had on him and his family," Common Council President Ashanti Hamilton said. He said he thinks government is reaching a point where there is a recognition that decisions in the justice system are having a huge impact on communities and institutions financially. "I think we're getting to a point where it's actually more beneficial for us to deal justly with people as opposed to simply getting convictions," he said. "We don't want to be that kind of system, we don't want to be the type of system that's hellbent on locking people up as opposed to receiving and administering justice." Stinson was 20 years old when he says he was framed by detectives and dentists who provided expert opinions for the beating death of his 62-year-old neighbor and sentenced to life in prison. The Wisconsin Innocence Project helped free him in 2009 after a panel of forensic experts called the dentists' conclusions in Stinson's case unfounded and when DNA tested from the victim's clothing did not match Stinson. Stinson eventually got $115,000 from the State of Wisconsin. He sued the city, the detectives and the dentists that year. After a decade of pretrial litigation and appeals, the case went to trial in federal court last month. Stinson's lawyers presented evidence that detectives James Gauger and Thomas Jackelen, long deceased, had suspected Stinson and his friends in a different homicide two years earlier. One of the friends testified that he was 17 when he finally agreed to sign a false statement implicating the others after the detectives questioned him for seven hours. He recanted and none of the group was ever formally charged in that case. When Ione Cychosz was found dead near Stinson's home in November 1984 there was little evidence. DNA was not used at the time. But there were several apparent human bite marks on her body. The medical examiner asked Lowell Johnson, who taught at the Marquette dental school and was promoting techniques and theories in forensic dentistry, to take a look. Johnson believed whoever made the marks was missing an upper right incisor, something the detectives knew before they interviewed Stinson. When they noticed he was missing an upper right front tooth, they zeroed in on him as the only real suspect. He denied killing Cychosz and agreed to let Johnson make detailed photographs and molds of his teeth, which Johnson later used, in connection with photos and a model of the victim's breast, to conclude only Stinson could have made the marks. A colleague in the fledgling field in of bite mark evidence, Raymond Rawson of Las Vegas, said he agreed. A prosecutor, who later admitted his gut feeling was that Stinson did not kill Cychosz, was persuaded to charge him with murder based on the two experts' opinions. Just before closing arguments in the civil case, the parties announced a settlement but declined any comment whatsoever. While the city records show what it will pay for itself and retired detective James Gauger, there is no indication what the dentists agreed to pay. Their attorneys, Jason Franckowiak and Patrick Sullivan, did not return messages. The settlement has been assigned to the Judiciary and Legislation Committee, which meets on July 22, and the Finance and Personnel Committee, which meets on July 24. The Common Council next meets July 30."

The entire story can be read at:
https://www.jsonline.com/story/news/local/milwaukee/2019/07/11/milwaukee-pay-7-5-million-wrongfully-convicted-man/1673834001/

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;

Neil Bantleman: Major (Welcome) Development: The Canadian teacher who always maintained that he was innocent of child sex charges in Indonesia has been freed (granted clemency) - and has returned to Canada, CBC News (Reporters Dan Taekema and Katie Simpson) reports..."A Canadian teacher imprisoned in Indonesia since 2014 after being convicted on charges of sexually assaulting students at a school in Jakarta has returned home, CBC News has confirmed."..."He and his co-accused were sentenced to 10 years in prison. Bantleman's conviction was overturned in August 2015. Indonesia's Supreme Court reinstated his conviction in February 2016 and added another year to his sentence. Bantleman, who taught in Calgary as well, has maintained his innocence and the Canadian government has been lobbying hard for his release, arguing he was the victim of a miscarriage of justice. An investigation by CBC TV's The Fifth Estate found that critical pieces of the evidence used to convict were seriously flawed."

PASSAGE OF THE DAY: "Bantleman was convicted along with Indonesian teaching assistant Ferdinand Tjiong in 2014 on charges of sexually assaulting young students at the Jakarta Intercultural School (JIS), where the children of many expatriates, diplomats and wealthy Indonesians are enrolled.
He and his co-accused were sentenced to 10 years in prison. Bantleman's conviction was overturned in August 2015. Indonesia's Supreme Court reinstated his conviction in February 2016 and added another year to his sentence.
Bantleman, who taught in Calgary as well, has maintained his innocence and the Canadian government has been lobbying hard for his release, arguing he was the victim of a miscarriage of justice. An investigation by CBC TV's The Fifth Estate found that critical pieces of the evidence used to convict were seriously flawed.

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STORY: "Neil Bantleman released from Indonesian prison, returns to Canada," by reporters Dan  Taekema and Katie Simpson, published by CBC Nedws on July 11, 2019.


SUB-HEADING: "The Canadian teacher who always maintained that he was innocent of child sex charges in Indonesia has been  freed - and has returned home to Canada.."

GIST: "A Canadian teacher imprisoned in Indonesia since 2014 after being convicted on charges of sexually assaulting students at a school in Jakarta has returned home, CBC News has confirmed.
Neil Bantleman said in a media statement today that he has been granted clemency by the Indonesian government. He's been back home in Ontario since the end of June. His family has requested that media outlets respect his privacy."Five years ago, I was wrongfully accused and convicted of crimes I did not commit and furthermore never occurred," Bantleman said in the statement. "I applied for clemency, which I am pleased was granted by Indonesia last month, upholding essential justice and human rights."

Bantleman thanked his brother Guy "for the tremendous amount of time, effort and love that he poured into campaigning for my return." He also expressed "deep appreciation to the Government of Canada for their steadfast commitment to seeing us home."Most of all, I want to thank my wife Tracy. I have no doubt that without her love and commitment, this day would not have been possible. Her tireless efforts with the coordination and communication between our legal team, school, embassy and family in Canada was the key to securing my freedom."Guy Bantleman told CBC News today the experience of hugging his brother after such a long separation was "almost surreal.""It's going to take some time. All of us just spending some time together and ... getting reacquainted, I guess," he said, laughing. "We're relieved, obviously. There are some things that we know we're going to have to work through. It's moving on to a different phase. You just don't close the door and settle back in. You've got to deal with it and move it forward."

Bantleman was convicted along with Indonesian teaching assistant Ferdinand Tjiong in 2014 on charges of sexually assaulting young students at the Jakarta Intercultural School (JIS), where the children of many expatriates, diplomats and wealthy Indonesians are enrolled.
He and his co-accused were sentenced to 10 years in prison. Bantleman's conviction was overturned in August 2015. Indonesia's Supreme Court reinstated his conviction in February 2016 and added another year to his sentence.
Bantleman, who taught in Calgary as well, has maintained his innocence and the Canadian government has been lobbying hard for his release, arguing he was the victim of a miscarriage of justice. An investigation by CBC TV's The Fifth Estate found that critical pieces of the evidence used to convict were seriously flawed.

Guy Bantleman said his brother took a while to adjust to being back home.
"Obviously, five years of your life, and there's that readjustment to freedom, which I think he's doing quite well with and just getting reintegrated with being able to be free and be able to move about and set your own schedule," he said.
He said his brother's release was kept quiet for weeks because of its "terms and conditions" — which he would not discuss — "bilateral relations, the operation of the school, all important factors to keep this confidential as long as possible." He said he would not comment on the status of the case.
Foreign Affairs Minister Chrystia Freeland brought up Bantleman's case on multiple occasions with Indonesian officials, sources say. A spokesman for Freeland's office today declined to comment on his release.
A year ago, a source with direct knowledge of Bantleman's case told CBC News the Canadian government saw a window of opportunity opening to secure his release, but it might have to wait until after spring elections because of the controversy surrounding the case and the potential for blowback from Indonesians still convinced of his guilt.
Last October, Prime Minister Justin Trudeau visited Bantleman's family in Burlington, Ont. and said his government had been working with Indonesian officials to obtain a "positive outcome" in his case."

The entire story can be read at:
https://www.cbc.ca/news/politics/neil-bantleman-indonesia-sex-charges-1.5208676

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See previous  post of this Blog  (January 8, 2016) at the link below: "Bulletin: Neil Bantleman; Jakarta; Indonesia; Major development; CBC 'Fifth Estate' documentary 'Nightmare in Indonesia" reveals new medical evidence which challenges legitimacy of the case against the Canadian teacher accused of sexually assaulting three kindergartners at an elite school; "Tests submitted in Bantleman’s trial by the mother, who goes by the name Pipit, showed her son had contracted the herpes virus. These tests, which she said proved the child had been raped, became crucial evidence in the case against Bantleman. However, at the CBC’s request, Pipit agreed to have her son retested at a reputable European lab. That test came back negative, according to Dr. Sumon Chakrabarti, an infectious disease specialist in Toronto who reviewed the file for the fifth estate. “Beyond a reasonable doubt this child has not ever been exposed to herpes,” he said. The new test retroactively proves the test used in court to convict Bantleman was a false positive, Chakrabarti said."..."The fifth estate reports that police could find no physical evidence to support Pipit’s son’s testimony that he was attacked in a secret room near the school’s staff lounge, and that Bantleman used a magic stone and blue potion to numb him before the attacks. Police could not find the room, a stone or any evidence of a potion. “The (police) couldn’t find any DNA, fingerprints, or any witnesses to prove the boys were ever inside the teacher’s lounge,” the fifth estate reporter Mark Kelley says. According to the report, the rape accusations were met with a mob mentality, as parents became convinced that something terrible had happened at the school." Story accompanied by video. (Must, Must Read. HL); Toronto Star: "                
https://smithforensic.blogspot.com/search?q=%22neil++bantleman%22

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;

Fired deputy Zach Wester: Tallahassee, Florida: White elephant case: (Fabrication of evidence): Fired deputy arrested in drug planting probe, Tallahassee Democrat (Reporter Jeff Burlew) reports..."Fired Jackson County Deputy Zach Wester was arrested Wednesday on racketeering and numerous other charges for allegedly planting meth and other street drugs on unsuspecting motorists before hauling them off to jail. Agents with the Florida Department of Law Enforcement, who have been investigating Wester for more than nine months, arrested him in Crawfordville and took him to the Wakulla County Jail, where he is being held without bail."

In the years since I started publishing this Blog I have become increasingly disturbed by the 'white elephant' in the room: Sheer, unadulterated, willful   misconduct in the criminal justice system - much  of it involving forensic evidence - committed by lab technicians,  pathologists, police officers, prosecutors and others.  Think Annie Dookhan; Think Sonia Farak; Think David Kofoed; Think Charles Smith; Think Ken Anderson; Think Gene Morrison.  I have therefore decided to run this image of a white elephant at the top of every applicable post henceforth, to draw our reader's attention to   what I see as a major problem in all too many criminal justice system's - my own included.  Harold Levy; Publisher: The Charles Smith Blog;
"Reformers have for years recommended that all forensic labs be independent from law enforcement and prosecutorial agencies' and this is a key reform promoted by The Justice Project (2008). But fixing these problems is only half the answer' because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009; http://www.t-mlaw.com/blog/post/the-elephant-in-the-crime-lab/

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QUOTE OF THE DAY: " You’re never certain of the ways of the heart of man,” Eddins said." (State Attorney William “Bill” Eddins of the 1st Judicial Circuit);

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PASSAGE OF THE DAY: "During the internal investigation, deputies searching his patrol car found 42 pieces of drug paraphernalia, ten baggies of methamphetamine and five baggies of marijuana concealed in an unmarked and unsecured evidence bag in the trunk. “The items located within Deputy Wester’s patrol car were not maintained as required of legitimate evidence, items for safe keeping or items for destruction,” the arrest affidavit says. “The multiple items located were consistent with, and similar in appearance to, items believed to have been used to fabricate evidence during (his) traffic stops and arrests.”  The investigation found Wester routinely pulled over citizens for alleged minor traffic infractions, planted drugs inside their vehicles and arrested them on fabricated charges. It also found that Wester misused his body camera, sometimes turning it off before drugs were located or turning it on just after they were found.“There is no question that Wester’s crimes were deliberate and that his actions put innocent people in jail,” Williams said in a news release."

PASSAGE TWO OF THE DAY: "The allegations prompted prosecutors in Marianna to review nearly 300 cases involving Wester. They ultimately dropped charges in nearly 120 cases. But Eddins said there’s no indication Wester planted dr ugs or fabricated arrests in all of those cases. He noted that the charges against Wester are based on his arrests of 11 different people. “Our investigation is ongoing,” Eddins said. “There’s a substantial amount of work to be done. But I have no belief that there’s anywhere near 100 victims. We may have identified most of the victims, we may (have) not.” Odom, pulled over last year by Wester in Cottondale, was among the victims listed in arrest documents. Wester’s own body camera footage appeared to show him with a baggie in his hand before he put on his gloves to begin searching her pickup truck. Hess told the Democrat last year that the footage caused him to lose confidence in the deputy. Odom’s charges were eventually tossed." 

The victims: Another of his alleged victims, Benjamin Bowling, was arrested in 2017 on charges of possession of methamphetamine and drug paraphernalia, according to the arrest affidavit.

Wester claimed he smelled marijuana in the vehicle, though Bowling, a passenger, and the driver denied doing drugs. After Wester announced he’d found drugs in the car, Bowling swore he’d been clean since an earlier DUI arrest. At the time, he was being tested regularly after gaining custody of his daughter. “Furthermore, Bowling voluntarily took a drug test after he was arrested and it was negative,” the arrest report says. “Bowling contacted the Sheriff’s Office and requested that the drugs were tested for DNA and fingerprints. Bowling also requested the body camera video but never received it. Bowling lost custody of his daughter because of the arrest.”

STORY: "'Something we're not proud of': Fired deputy Zach Wester arrested in drug planting probe,"
by reporter Jeff Burlew, published by The Tallahassee Democrat on July 10, 2019. (Jeff Burlew is an investigative reporter for the Tallahassee Democrat, where he has worked since 2000.)

GIST: "Fired Jackson County Deputy Zach Wester was arrested Wednesday on racketeering and numerous other charges for allegedly planting meth and other street drugs on unsuspecting motorists before hauling them off to jail. Agents with the Florida Department of Law Enforcement, who have been investigating Wester for more than nine months, arrested him in Crawfordville and took him to the Wakulla County Jail, where he is being held without bail. Wester, expected to make his first court appearance on Thursday, invoked his right to remain silent and declined to speak with investigators. He was arrested on 52 counts in all. Aside from the racketeering count, he was charged with a number of other felonies, including official misconduct, false imprisonment, fabricating evidence and possession of a controlled substance. He was also charged with misdemeanor charges of perjury, possession of a controlled substance and possession of drug paraphernalia, FDLE said. Jackson County Sheriff Lou Roberts, State Attorney William “Bill” Eddins of the 1st Judicial Circuit and Chris Williams, special agent in charge of the FDLE’s Pensacola office, discussed the case in an afternoon news conference. One of Wester’s alleged victims, Teresa Odom, wept as they discussed details of the case. “I’m overwhelmed,” she said afterward, adding she was proud of one of the FDLE agents who worked with her during the investigation. 'Something we're not proud of': Roberts, who had been silent about the Wester allegations since the Tallahassee Democrat broke the story last year, said Wester’s alleged crimes were “disheartening.” He thanked the community for its patience during the investigation, which got sidetracked after Hurricane Michael hit Oct. 10. “This is something we’re not proud of,” said Roberts, who plans to retire and not seek re-election next year. “No agency wants to go through this kind of situation and face the embarrassment of the public. This is a very serious matter. We’re supposed to set higher standards, and the allegations that were made in this case will be tried.” Eddins and Williams offered new details in the case, including a large amount of drugs found in Wester’s vehicle during an internal affairs probe that began last August. But investigators declined to give a possible motive for Wester’s alleged actions. “You’re never certain of the ways of the heart of man,” Eddins said. “We have some ideas and some theories, and we’ve talked about that a lot. But I do not feel that it would be appropriate to go into it in any detail at this time.” Williams emphasized that the case was still open, and he asked the public to call FDLE’s Pensacola office if they have any information about Wester. “A significant investigation has been and is being conducted,” Williams said. “FDLE has assigned a team of 10 special agents and two crime analysts who have logged over 1,400 hours on this case already. And it’s still ongoing today.” Eddins, who was assigned the case after Glenn Hess, state attorney for the 14th Judicial Circuit recused himself, said he was prepared to go to trial now if Wester demands a speedy trial. And he said he will not allow a plea bargain in the case in part because it involves a public employee. He added that so far, no evidence has been found that any other deputies or other Sheriff’s Office personnel worked in concert with Wester.  “It’s been my experience in monitoring this investigation that the law enforcement community in Jackson County is honest, professional and they do not condone or support illegal activity,” Eddins said. “I cannot overstate how complete and how well (the Sheriff’s Office) cooperated with us.”  'His actions put innocent people in jail' FDLE began its investigation last August at the request of the Sheriff's Office after whispers of misconduct by Wester began to surface around the courthouse. He was suspended Aug. 1 and fired a month later. During the internal investigation, deputies searching his patrol car found 42 pieces of drug paraphernalia, ten baggies of methamphetamine and five baggies of marijuana concealed in an unmarked and unsecured evidence bag in the trunk. “The items located within Deputy Wester’s patrol car were not maintained as required of legitimate evidence, items for safe keeping or items for destruction,” the arrest affidavit says. “The multiple items located were consistent with, and similar in appearance to, items believed to have been used to fabricate evidence during (his) traffic stops and arrests.”  The investigation found Wester routinely pulled over citizens for alleged minor traffic infractions, planted drugs inside their vehicles and arrested them on fabricated charges. It also found that Wester misused his body camera, sometimes turning it off before drugs were located or turning it on just after they were found.

“There is no question that Wester’s crimes were deliberate and that his actions put innocent people in jail,” Williams said in a news release. “I am proud of the hard work and dedication shown by our agents and analysts on this case to ensure justice is served.” Christina Pumphrey, a former assistant state attorney in Marianna who helped bring Wester's alleged misdeeds to light, said she was "incredibly surprised" to learn of his arrest because she didn't think he'd ever get charged. "I'm glad he's off the road," she said. "I'm glad he's obviously facing charges. It doesn't change what the rest of the people went through because of him. It doesn't give them their time back. It doesn't give them their money back. It doesn't expunge their records — they still have at least arrest histories. But it's still something." 'Our investigation is ongoing'"The allegations prompted prosecutors in Marianna to review nearly 300 cases involving Wester. They ultimately dropped charges in nearly 120 cases. But Eddins said there’s no indication Wester planted dr ugs or fabricated arrests in all of those cases. He noted that the charges against Wester are based on his arrests of 11 different people. “Our investigation is ongoing,” Eddins said. “There’s a substantial amount of work to be done. But I have no belief that there’s anywhere near 100 victims. We may have identified most of the victims, we may (have) not.” Odom, pulled over last year by Wester in Cottondale, was among the victims listed in arrest documents. Wester’s own body camera footage appeared to show him with a baggie in his hand before he put on his gloves to begin searching her pickup truck. Hess told the Democrat last year that the footage caused him to lose confidence in the deputy. Odom’s charges were eventually tossed." 

The victims: Another of his alleged victims, Benjamin Bowling, was arrested in 2017 on charges of possession of methamphetamine and drug paraphernalia, according to the arrest affidavit.

Wester claimed he smelled marijuana in the vehicle, though Bowling, a passenger, and the driver denied doing drugs. After Wester announced he’d found drugs in the car, Bowling swore he’d been clean since an earlier DUI arrest. At the time, he was being tested regularly after gaining custody of his daughter. “Furthermore, Bowling voluntarily took a drug test after he was arrested and it was negative,” the arrest report says. “Bowling contacted the Sheriff’s Office and requested that the drugs were tested for DNA and fingerprints. Bowling also requested the body camera video but never received it. Bowling lost custody of his daughter because of the arrest.” The racketeering charge against Wester carries a maximum penalty of 30 years in state prison. The other felonies carry maximum sentences of five years. Eddins said that under Florida’s sentencing guidelines, Wester could face 13 and a half years in prison if convicted on all charges, though a judge could opt to give him more time behind bars."

The entire story can be read at:

https://www.tallahassee.com/story/news/local/2019/07/10/former-jackson-county-deputy-zach-wester-arrested-drug-planting-probe/1691366001/

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;

Charles Ray Finch: North Carolina: This innocent man spent 43 years - almost half a century - in North Carolina's prison system. His case cries out for a pardon. Bravo to The Wilson Times for calling on city and county boards to show support through a resolutions..." "Usually they are ceremonial. Occasionally they’re controversial. And once in a blue moon, they can move mountains with an appeal to the human conscience that cries out for justice."...

PASSAGE OF THE DAY: "By adopting a resolution, local leaders can marshal their influence to speak on behalf of the communities they represent and advocate for action at higher levels of government. Such a time of necessity has arrived in Wilson County. Attorneys for Charles Ray Finch, the Wilson man freed from prison May 23 after he was fully exonerated of a 1976 murder conviction, are petitioning Gov. Roy Cooper for a pardon of innocence that would allow Finch to seek $750,000 in compensation for the four decades he was wrongfully incarcerated. Resolutions from the Wilson City Council and Wilson County Board of Commissioners could help convince Cooper to grant Finch’s pardon by showing that this innocent man enjoys the support of his community and the elected officials entrusted with leading it. “We hope the public will find a way to show its support for a pardon,” Duke University law professor and Duke Wrongful Convictions Clinic director Jim Coleman told Times reporter Olivia Neeley."

PASSAGE TWO OF THE DAY: "Wilson officials have the right and duty to speak on Finch’s behalf. His wrongful conviction happened here and our city and county leaders have a stake in reversing a local injustice and pursuing all available restorative remedies. Finch was railroaded through the legal system and deprived of his civil rights after a failed robbery that resulted in the death of Black Creek shopkeeper Richard “Shadow” Holloman in February 1976. Under then-Sheriff Robin Pridgen, Wilson County deputies cued witnesses to identify Finch as the trigger man in Holloman’s shooting by staging lineups where Finch was the only man dressed in clothing that matched eyewitness descriptions of the killer. His alibi wasn’t investigated despite witnesses who put him miles away when the holdup happened, and evidence introduced at trial claiming Holloman was killed with a shotgun matching Finch’s was flat-out wrong — a second autopsy would later reveal a handgun was used in the crime. There is no controversy or ambiguity about this case."

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EDITORIAL: "Our Opinion: City, county boards should show support for Ray Finch pardon," published by The Wilson Times on July 7, 2019.

PHOTO CAPTION: "Charles Ray Finch leaves the Greene Correctional Institution in a wheelchair after being released May 23. He was accompanied by lawyers who helped secure his release after Finch spent more than 40 years in state prison."

GIST: "Usually they are ceremonial. Occasionally they’re controversial. And once in a blue moon, they can move mountains with an appeal to the human conscience that cries out for justice. Resolutions are a written record of a deliberative or legislative body’s formal stance. Often, they designate a day, week or month for a worthy cause, such as a town board’s vote to recognize American Heart Month and publicize heart disease prevention. For such routine and agreeable matters, votes are unanimous. But the versatile policy statements can also make waves. A resolution “is usually employed to denote the adoption of a motion, the subject matter of which would not properly constitute a statute; such as a mere expression of opinion; an alteration of the rules; a vote of thanks or of censure, etc.,” Black’s Law Dictionary explains. By adopting a resolution, local leaders can marshal their influence to speak on behalf of the communities they represent and advocate for action at higher levels of government. Such a time of necessity has arrived in Wilson County.

Attorneys for Charles Ray Finch, the Wilson man freed from prison May 23 after he was fully exonerated of a 1976 murder conviction, are petitioning Gov. Roy Cooper for a pardon of innocence that would allow Finch to seek $750,000 in compensation for the four decades he was wrongfully incarcerated. Resolutions from the Wilson City Council and Wilson County Board of Commissioners could help convince Cooper to grant Finch’s pardon by showing that this innocent man enjoys the support of his community and the elected officials entrusted with leading it. “We hope the public will find a way to show its support for a pardon,” Duke University law professor and Duke Wrongful Convictions Clinic director Jim Coleman told Times reporter Olivia Neeley. Finch’s neighbors in Wilson County can sign petitions or send letters and emails to the governor’s office, but resolutions stamped with the city and county seals may carry more weight. Perhaps they shouldn’t, as Wilson residents are also state taxpayers, but it isn’t surprising that a local government’s endorsement would have credibility among other government officials. It wouldn’t be the first time these boards have weighed in on state matters — not even in recent history. In October 2017, county commissioners adopted a resolution expressing concern about the Atlantic Coast Pipeline, citing restrictions in the pipeline corridor that amount to a “development dead zone” and the involuntary taking of county residents’ land under the eminent domain process. Wilson officials have the right and duty to speak on Finch’s behalf. His wrongful conviction happened here and our city and county leaders have a stake in reversing a local injustice and pursuing all available restorative remedies. Finch was railroaded through the legal system and deprived of his civil rights after a failed robbery that resulted in the death of Black Creek shopkeeper Richard “Shadow” Holloman in February 1976. Under then-Sheriff Robin Pridgen, Wilson County deputies cued witnesses to identify Finch as the trigger man in Holloman’s shooting by staging lineups where Finch was the only man dressed in clothing that matched eyewitness descriptions of the killer. His alibi wasn’t investigated despite witnesses who put him miles away when the holdup happened, and evidence introduced at trial claiming Holloman was killed with a shotgun matching Finch’s was flat-out wrong — a second autopsy would later reveal a handgun was used in the crime. There is no controversy or ambiguity about this case. Finch is innocent, and the 4th Circuit Court of Appeals and U.S. District Court for the Eastern District of North Carolina have said as much in their rulings and orders. City and county officials would not be going out on a limb. With their stilted, formal language — a series of paragraphs beginning with “whereas” and the final sentence magisterially declaring “be it therefore resolved” — government resolutions can seem like an officious cliché. But the words between that boilerplate can pack a punch. Wilson and Wilson County have the opportunity to stand on the right side of history and urge our governor to sign a pardon affirming Finch’s innocence. As constituents and voters, don’t let them squander that chance. The Wilson County Board of Commissioners meets at 7 p.m. Monday at the county administration building on Miller Road. The Wilson City Council will convene at 7 p.m. July 18 at City Hall. Tell your commissioners and council members you expect their support for Ray Finch’s pardon."

The entire editorial can be read at:
http://www.wilsontimes.com/stories/city-county-boards-should-show-support-for-ray-finch-pardon,182346

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;

Wendall Hasan: Connecticut: Extraordinary Development: Forensic scientist Henry Lee has been challenged in yet another murder case, this time by Wendall Hasan - in prison since 1986 for murder - who is seeking a new trial claiming inaccurate testimony led to his wrongful conviction, the Hartford Courant (Reporter Dave Altimari) reports..."Just weeks after the state Supreme Court issued a blistering indictment of famed forensic scientist Henry Lee, another defendant filed court papers Tuesday asking to be released on the grounds that Lee’s inaccurate testimony about critical blood evidence at a murder trial led to a wrongful conviction. The claims by Wendall Hasan, in prison since 1986 for the murder of a Darien man, are eerily similar to the case of two New Milford men who recently had their murder convictions overturned when the state Supreme Court ruled that Lee’s inaccurate testimony about blood evidence led to them being falsely convicted."

PASSAGE OF THE DAY: "Hasan was convicted of murdering George Tyler in his Darien home on July 2, 1985 based partly on evidence found on a pair of Puma sneakers found in his closet. Rachel Tyler, George’s wife, survived the attack but was severely injured. At Hasan’s trial, Lee testified that a substance found on the bottom of the sneaker was blood. He went on to say that the blood type matched both of the Tylers. But when the sneakers were retested in July 2014 by the state police forensic laboratory, the stains that Lee testified were blood “were negative for the presence of blood,” according to a lawsuit filed Tuesday asking the verdict be set aside. The lab also used new techniques that weren’t available in 1986 to test the stains for DNA. Those tests showed that no DNA from either victim was on the sneakers, the lawsuit says. Hasan was convicted in May 1986 and sentenced to 80 years in prison. The lawsuit filed Tuesday seeks not only to have the verdict set aside but also to have him released from prison while he waits for a new trial, if there is one. “Had the forensic scientific evidence described been presented at petitioner’s criminal trial, there is a reasonable likelihood that there would have been a different outcome,” his attorney, Patrick White, said. Lee could not be reached for comment. The case marks the third time in 18 months in which convicted murderers have alleged that Lee’s testimony put them in prison for lengthy sentences for crimes they didn’t commit."

PASSAGE TWO OF THE DAY: "The third man who was released from prison based on evidence that Lee had falsely testified was David Weinberg, who was convicted in the 1984 murder of Joyce Stochmal. In that case, the defense argued that Lee testified “trace material on hair and on the knife was blood when he knew or should have known that the material was either animal blood or not blood at all.” Lee also testified that three hairs found in the trunk of Weinberg’s car were consistent with Stochmal’s hair but subsequent testing by the laboratory revealed that two of three hairs did not come from Stochmal and that the third could not be definitively linked to her. The state agreed to release Weinberg on time served rather than retry the case."

STORY: "Forensic scientist Henry Lee challenged in another murder case as Darien man seeks new trial claiming inaccurate testimony led to wrongful conviction," by reporter Dave Altimari, published by The Hartford Courant on July 10, 2019. " Dave Altimari is a reporter on the Courant’s investigative desk. He has reported on stories that have been named a finalist for the Pulitzer Prize, won a George Polk Award as part of a team that exposed corruption in the administration of former Gov. John G. Rowland and a National Headliner Award for coverage of the Hartford Distributors shooting."

PHOTO CAPTION: "Henry Lee Press Conference - Henry Lee takes questions from reporters at a press conference at the University of New Haven to defend his work in forensic science after the Supreme Court ordered new trials for Sean Henning and Ralph Birch who were convicted in the 1989 murder of Everett Carr."

GIST: "Just weeks after the state Supreme Court issued a blistering indictment of famed forensic scientist Henry Lee, another defendant filed court papers Tuesday asking to be released on the grounds that Lee’s inaccurate testimony about critical blood evidence at a murder trial led to a wrongful conviction. The claims by Wendall Hasan, in prison since 1986 for the murder of a Darien man, are eerily similar to the case of two New Milford men who recently had their murder convictions overturned when the state Supreme Court ruled that Lee’s inaccurate testimony about blood evidence led to them being falsely convicted. Hasan was convicted of murdering George Tyler in his Darien home on July 2, 1985 based partly on evidence found on a pair of Puma sneakers found in his closet. Rachel Tyler, George’s wife, survived the attack but was severely injured. At Hasan’s trial, Lee testified that a substance found on the bottom of the sneaker was blood. He went on to say that the blood type matched both of the Tylers. But when the sneakers were retested in July 2014 by the state police forensic laboratory, the stains that Lee testified were blood “were negative for the presence of blood,” according to a lawsuit filed Tuesday asking the verdict be set aside. The lab also used new techniques that weren’t available in 1986 to test the stains for DNA. Those tests showed that no DNA from either victim was on the sneakers, the lawsuit says. Hasan was convicted in May 1986 and sentenced to 80 years in prison. The lawsuit filed Tuesday seeks not only to have the verdict set aside but also to have him released from prison while he waits for a new trial, if there is one. “Had the forensic scientific evidence described been presented at petitioner’s criminal trial, there is a reasonable likelihood that there would have been a different outcome,” his attorney, Patrick White, said. Lee could not be reached for comment. The case marks the third time in 18 months in which convicted murderers have alleged that Lee’s testimony put them in prison for lengthy sentences for crimes they didn’t commit. Lee, former head of the state police crime lab, is one of the nation’s foremost forensic scientists. In addition to his work in Connecticut, he has consulted on a number of high profile cases, including the O.J. Simpson murder trial in Los Angeles. The state Supreme Court recently overturned the murder convictions of Shawn Henning and Ralph Birch based partly on the false testimony of Lee at their trials that a brown spot found on a towel was human blood. Years later, the forensic lab revealed the towel had never been tested and when they did test it the substance was found not to be blood. The two men had been convicted of the brutal murder of Everett Carr in his New Milford home in 1985. Birch and Henning are both free on promises to appear in court. The third man who was released from prison based on evidence that Lee had falsely testified was David Weinberg, who was convicted in the 1984 murder of Joyce Stochmal. In that case, the defense argued that Lee testified “trace material on hair and on the knife was blood when he knew or should have known that the material was either animal blood or not blood at all.” Lee also testified that three hairs found in the trunk of Weinberg’s car were consistent with Stochmal’s hair but subsequent testing by the laboratory revealed that two of three hairs did not come from Stochmal and that the third could not be definitively linked to her. The state agreed to release Weinberg on time served rather than retry the case. The murder scene: The Tylers were attacked in their Darien home on July 2, 1985 in what police believed was a burglary gone bad. George Tyler’s body was found in the kitchen, stabbed multiple times. Investigators found a bloody shoeprint near the Tylers’ kitchen that was made by a Puma-brand sneaker. Three days later the landlord of a South Norwalk apartment complex called a plumber to clear a clogged toilet. When he did so, he found two credit cards belonging to George Tyler in the drain, records show. The apartment was where the Hasan family lived. When police searched the house, they found a pair of Puma sneakers in a closet that belonged to Hasan. He was arrested for the murder. In addition to the stains, Lee also tested glass and linoleum shards found in the sneakers to see if they could be matched to the Tylers’ house but no match could be made. At trial Lee testified that a stain on the bottom of the sneaker was human blood and that it had a phosphate glucose mutate (PGM) factor of 1, which was the same as both of the Tylers. He testified that about 40 percent of the population have a PGM factor of 1. When the reddish stain on the left sneaker and a brownish stain on the right sneaker were retested 28 years later, none of them showed the presence of blood. DNA found in some of the brownish spots revealed no DNA matching either of the Tylers'. In seeking a new trial the lawsuit acknowledged DNA testing was not available in 1986 and that if it had, Hassan would have been found innocent. Hasan also has a habeas petition pending in Rockville Superior Court that has been put on hold. Over the years Hasan has filed two previous habeas petitions — one for ineffective counsel and the other for an illegal search of his apartment — that were denied. The state Supreme Court also denied Hasan’s request for a new trial in 1990. His attorneys had questioned a judge allowing a local podiatrist to testify as an expert. The podiatrist, Robert Rinaldi, testified that by measuring Hasan’s feet he was able to determine that Hasan — to the exclusion of every other person — had definitely worn the sneakers from the murder scene. Rinaldi has never testified as an expert since that trial. Angry denial: The lawsuit was filed Tuesday and the state has yet to respond to it. The lawsuit names Stamford/Norwalk State’s Attorney Richard Colangelo because the case originated in that district. It comes less than two months after the Connecticut Supreme Court overturned the murder convictions of Henning and Birch in the New Milford homicide case — with the court making clear the reasoning behind its decision. "It is inarguable that Lee, as the representative of the state police forensic laboratory, should have known that the bathroom towel had not been tested for blood. He, like any such witness, had an affirmative obligation to review any relevant test reports before testifying so as to reasonably ensure that his testimony would accurately reflect the findings of those tests,'' Justice Richard Palmer wrote in a 23-page decision. "To conclude otherwise would permit the state to gain a conviction on the basis of false or misleading testimony even though the error readily could have been avoided if the witness merely had exercised due diligence,'' Palmer wrote. After the decision, Lee held a press conference at the institute that bears his name on the campus of the University of New Haven and defended himself. “In my 57-year career I have investigated over 8,000 cases and never, ever was accused of any wrongdoing or for testifying intentionally wrong,” Lee said. "This is the first case that I have to defend myself.” At the press conference Lee went on to criticize the lab he had built saying that the woman that had done the retests in the New Milford case wasn’t even alive when he was investigating that case and called her report that the towel had never been tested “inaccurate.” After the murder occurred on Dec. 1, 1985, Lee said he spent two days at the scene collecting evidence. He said that is where he did the field test on the towel, although there is no record of that at the laboratory. The towel with the spot on it had been a key component of then-Assistant State’s Attorney David Shepack’s final argument to the jury in Henning’s case, where he cited the blood on the towel as evidence the men used it to clean their car to make sure no blood was found in it. Shepack is now the Litchfield State’s Attorney but hasn’t decided whether to retry the two men."

The entire story can be read at:
https://www.courant.com/news/connecticut/hc-news-henry-lee-false-testimony-20190710-gmetqshtrzb2vl3heo5tn2dwke-story.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;

Debra Milke: Arizona: York Daily News reporter Mara Bovson retells the story of Debra Milke who spent two decades on death row on her conviction for killing her 4-year-old son - even though the police fought to keep secret the information which could establish that her so-called-confession had been fabricated. (Bravo to the New York Daily News: It's a story that cannot be told enough - and yet another powerful argument against the death penalty. HL);

PASSAGE OF THE DAY: "In an interview in 1998, Milke told a reporter for the Arizona Republic that she loved her son, had nothing to do with his murder, and that Saldate had made up the confession. She insisted she had never said the things that appeared in his report. Milke, prematurely gray at 34, was isolated in a women’s prison, where other inmates screamed “baby killer” at her whenever she left her cell.“It would be a lot easier to wash the egg off their faces than my blood off their hands after they execute me,” she told the reporter. “They should let me go.” It would take another 17 years, but the state would eventually see things her way. In 2015, a federal appeals court kicked out her conviction, citing misconduct by police, prosecutors, and, especially, the detective who said she had offered a confession although he had no recordings or witnesses to verify his report."

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PASSAGE TWO OF THE DAY:  (From Registry of Exonerations entry):

"The prosecution’s primary evidence against Milke was the testimony of Saldate, who claimed that during the interrogation, Milke flashed her breasts at him and offered sex if he would not arrest her. Saldate said Milke admitted she conspired with Styers and Scott to kill the boy to obtain the insurance money. Prior to trial, the defense subpoenaed Saldate’s personnel file in an attempt to discover if there was any evidence that could be used to impeach his testimony. The police department and the prosecution examined Saldate’s file and filed a motion to quash the subpoena. The motion was granted. No forensic or physical evidence linked Milke to the murder. Milke denied to the jury that she confessed and accused Saldate of concocting the admissions he testified to..........In vacating Milke’s convictions and sentence and ordering a new trial, the Court of Appeals held that the prosecution had violated Milke’s constitutional right to a fair trial by failing to turn over the evidence of Saldate’s misconduct. The court said the "egregious misconduct" was a "severe stain on the Arizona justice system.” “This includes a five-day suspension for taking ‘liberties’ with a female motorist and then lying about it to his supervisors; four court cases where judges tossed out confessions or indictments because Saldate lied under oath; and four cases where judges suppressed confessions or vacated convictions because Saldate had violated the Fifth Amendment or the Fourth Amendment in the course of interrogations,” the Appeals Court said. “And it is far from clear that this reflects a full account of Saldate’s misconduct as a police officer. All of this information should have been disclosed to Milke and the jury, but the state remained unconstitutionally silent.”

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PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of  scientific research showing how vulnerable suspects   are to widely used interrogation methods  such as  the notorious ‘Reid Technique.’"

Harold Levy: Publisher: The Charles Smith Blog;

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STORY: "Phoenix mom wrongfully convicted for killing 4-year-old son spent two decades on death row," by Mara Bovson, published by The New York Daily News on July 7, 2019.

GIST: "In one moment on Dec. 3, 1989, Debra Milke, 25, of Phoenix, Ariz., learned that her 4-year-old son, Christopher, was dead and that she was under arrest for his murder. Phoenix homicide detective Armando Saldate Jr. delivered the news at the start of an interrogation in which, he said, Milke confessed to plotting to kill the boy because she hated his father. In notes written three days after the interrogation, Saldate, known for his bare-knuckle style of questioning, said the divorced single mom told him it would be better for the boy to be dead than like his dad, who had a history of crime, drugs and alcohol abuse. There were no witnesses, recording of the interrogation, or even notes taken at the time. Still, Saldate’s recollections of the conversation on seven single-spaced typed pages were enough to get her a death sentence, wrote Gary Stuart in his book on the case, “Anatomy of a Confession.” Milke was the daughter of a U.S. Air Force member based in Berlin and a woman he met and married in Germany. The marriage was unstable and fell apart after the family moved to Arizona. Debra was a shy, intelligent girl who did well in school but dropped out of college in 1983 when she met Mark Milke. They married in 1984 and had a child, Christopher, in October 1985. Through their courtship and marriage, Mark was in and out of jail on drug charges. In 1988, after Mark was behind bars again on a DWI charge, Debra filed for divorce. Mark responded with hostility and threats, so Debra got a restraining order and went looking for a safe place to live. She thought she found it in the home of a friend, James Styers, 42, who offered her a room in his apartment. Styers, a troubled Vietnam veteran, lived alone with his daughter, who was about Christopher’s age. He suffered from PTSD and experienced terrifying combat flashbacks. Two months after Christopher’s fourth birthday, Styers and a friend, Roger Scott, 41, offered to take him to a mall to see Santa. Scott was a high-school dropout who had trouble holding jobs and had a history of arrests for petty crimes, drugs, and DWI. Milke dressed her son up in new jeans and cowboy boots and sent him off with the two men. Around 2:30 pm, Phoenix police received a call about a missing person from Jim Styers. Chris had vanished, Styers said, when the two stopped for a bathroom break in the mall. Store employees and security helped Styers search for awhile, but there was no sign of the child. Police took up the search, interviewing Milke, Scott, Styers, and friends and family. After a grueling night-and-day interrogation, Scott broke down and described the events leading up to the killing. He also gave police the location of the child’s corpse. He said they had driven Chris to a desert wash near a place called Happy Valley Road and told him they were about to embark on an activity that would delight any little boy — catching snakes. Then, Scott said, Styers shot the child three times in the back of the head. Scott said the motive was pure hatred. He quoted Styers as saying, “The kid has to go. I just can’t stand him anymore.” Milke, Scott said, also made no secret of wanting to get away from Chris. She had a $5,000 life insurance policy on him, he recalled. After they found the body, Saldate turned his strong-arm interview techniques on Milke and quickly had a confession. “I’m not a malicious person, I just wanted God to take care of him,” Saldate quoted her saying. Milke was the first of the trio to face a jury. Her attorneys tried to get the confession barred, contending she did not understand her rights against self-incrimination when she made the statements. But they were unsuccessful. “Mother convicted of son’s murder,” was the headline of the Arizona Republic on Oct. 13, 1990. Juries reached the same verdict for Styers and Scott. Milke became the third Arizona woman to receive the death penalty. Styers and Scott were also sentenced to death. They are still on death row. In an interview in 1998, Milke told a reporter for the Arizona Republic that she loved her son, had nothing to do with his murder, and that Saldate had made up the confession. She insisted she had never said the things that appeared in his report. Milke, prematurely gray at 34, was isolated in a women’s prison, where other inmates screamed “baby killer” at her whenever she left her cell. “It would be a lot easier to wash the egg off their faces than my blood off their hands after they execute me,” she told the reporter. “They should let me go.” It would take another 17 years, but the state would eventually see things her way. In 2015, a federal appeals court kicked out her conviction, citing misconduct by police, prosecutors, and, especially, the detective who said she had offered a confession although he had no recordings or witnesses to verify his report. The courts also determined that a retrial would be double jeopardy. She was set free to rebuild her life, and filed a wrongful conviction lawsuit against the city, Saldate, and other defendants. Today she travels around the country to speaking engagements where she talks about her decades on death row."

The entire story can be read at:

https://www.nydailynews.com/news/crime/ny-justice-story-debra-milke-20190707-olcvzsudn5cxxmrkuzhotyxaua-story.ht

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Read  the Registry of Exonerations entry (by Maurice Possley) at the link below:

On Saturday, December 2, 1989, 42-year-old James Styers asked 25-year-old Debra Milke, who had moved into Styers’ apartment with her four-year-old son, Christopher, following her divorce, if he could borrow her car to do some errands and go to a shopping mall in Phoenix, Arizona.

Christopher, who had been to the mall the previous day and visited the mall’s Santa Claus, asked if he could go with Styers to see Santa again. Since Styers, a family friend, had babysat for Christopher in the past, Milke agreed and stayed home to do laundry.

Shortly before 3 p.m., Styers telephoned Milke and said that he had lost Christopher at the mall. He said he was working with security guards there to find the child and would call the police. After an hour passed and Milke heard nothing further, she called police herself. Police came to the apartment and arranged for a trap and trace on the telephone in the apartment in case the boy had been kidnapped and a ransom call was made.

At the mall, police questioned Styers about how he lost the boy. They also questioned Roger Scott, a friend of Styers, who showed up at the mall while the search for the boy was continuing.

By the next morning, Milke, who was distraught, went to stay with her father in Florence, Arizona with the consent of the police. That same morning, Phoenix police called in Detective Armando Saldate, Jr., to question Styers and Scott. Saldate had a reputation for being able to solve cases through interrogations that resulted in confessions.

Saldate questioned Scott aggressively, threatening to send police to the home of Scott’s elderly mother and conduct a search. Scott, a chronic alcoholic who had several previous head injuries that left him with brain damage and caused frontal lobe seizures, eventually told Saldate that he knew the location of Christopher’s body.

Scott led police into the desert about 20 miles from the mall where they found Christopher, who had been shot three times in the head. Saldate later claimed that Scott implicated Styers and Milke and said the boy was killed to cash in on a $5,000 insurance policy on his life.

Saldate traveled by helicopter to Florence to question Milke. He later claimed that Milke confessed. Although his supervisor had ordered him to tape record the interrogation, Saldate did not do so. Milke was charged with capital murder, conspiracy to commit murder, child abuse and kidnapping. She was taken to Phoenix, where she was subjected to further questioning by other detectives and was shocked to hear that Saldate said that she had confessed. Milke denied confessing and accused Saldate of fabricating her supposed statements.

Milke went to trial in September 1990. Styers, who had told police that Milke was not involved, and Scott, who rejected a prosecution offer to plead guilty to second-degree murder in return for his testimony against Milke, were still awaiting trial.

The prosecution’s primary evidence against Milke was the testimony of Saldate, who claimed that during the interrogation, Milke flashed her breasts at him and offered sex if he would not arrest her. Saldate said Milke admitted she conspired with Styers and Scott to kill the boy to obtain the insurance money. Prior to trial, the defense subpoenaed Saldate’s personnel file in an attempt to discover if there was any evidence that could be used to impeach his testimony. The police department and the prosecution examined Saldate’s file and filed a motion to quash the subpoena. The motion was granted.

No forensic or physical evidence linked Milke to the murder.

Milke denied to the jury that she confessed and accused Saldate of concocting the admissions he testified to.

On October 12, 1990, the jury convicted Milke of all the charges and she was sentenced to death.

Styers and Scott admitted taking part in the abduction and murder, although who actually shot the boy was never completely clear. Styers claimed that Scott was the shooter. Both Styers and Scott were also convicted of capital murder, conspiracy to commit murder, child abuse and kidnapping. Both also were sentenced to death.

In 1993, the Arizona Supreme Court upheld Milke’s convictions and sentence. Over the next nearly four years, attorneys, researchers and investigators for Milke spent almost 7,000 hours going through criminal court records on microfiche from 1982 through 1990 searching for Saldate’s name. The research revealed considerable impeachment evidence against Saldate, including judicial findings of misconduct in eight separate cases.

Despite the findings, Milke was unsuccessful in state post-conviction proceedings and in 1998, she filed a federal petition for a writ of habeas corpus. The writ was denied by a federal district court judge, but in March 2013, the U.S Court of Appeals for the Ninth Circuit granted the petition.

In vacating Milke’s convictions and sentence and ordering a new trial, the Court of Appeals held that the prosecution had violated Milke’s constitutional right to a fair trial by failing to turn over the evidence of Saldate’s misconduct. The court said the "egregious misconduct" was a "severe stain on the Arizona justice system.”

“This includes a five-day suspension for taking ‘liberties’ with a female motorist and then lying about it to his supervisors; four court cases where judges tossed out confessions or indictments because Saldate lied under oath; and four cases where judges suppressed confessions or vacated convictions because Saldate had violated the Fifth Amendment or the Fourth Amendment in the course of interrogations,” the Appeals Court said. “And it is far from clear that this reflects a full account of Saldate’s misconduct as a police officer. All of this information should have been disclosed to Milke and the jury, but the state remained unconstitutionally silent.”

When the Maricopa County District Attorney’s office said it would retry Milke, her attorneys, Michael Kimerer and Lori Voepel, filed a motion to dismiss the charges because the prosecutor's conduct was so egregious that a second trial would violate the constitutional prohibition against double jeopardy.

In January 2014, Maricopa County Superior Court Judge Rosa Mroz denied the motion, ruling that she did not believe that the evidence of Saldate’s misconduct was intentionally concealed or that the original prosecutor, Noel Levy, acted in bad faith.

Meanwhile, in September 2013, Milke was released on bond. In December 2014, the Arizona Court of Appeals, reversed Mroz’s ruling and ordered the charges against Milke dismissed.

In finding that a retrial would violate Milke’s constitutional protection against double jeopardy, the appeals court said, “We are unable to conclude that the long course of (...) violations in this case are anything but a severe stain on the Arizona justice system.”

The prosecution appealed to the Arizone Supreme Court, but in March 2015, the Supreme Court refused to hear the appeal. On March 23, Judge Mroz dismissed the charges against Milke. Attorneys for Milke filed a federal civil rights lawsuit against Saldate, who had retired, as well as numerous other Phoenix police officers, and the Maricopa County District Attorney’s Office.

 https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4660

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;

Glen Assoun: Nova Scotia: Wrongful Conviction; Documents - said to tell the story of a cover-up of police malfeasance - to be released Friday. (July 12, 2019): Halifax Examiner investigative reporter Tim Bousquet has some theories as to what they may show..."I’m waiting anxiously to learn more details about Glen Assoun’s wrongful conviction for the murder of Brenda Way, and we’ll get full documentation on Friday. The conviction will no doubt prove to be a fascinating story all in itself. But beyond that, we’ll also learn Friday about the cover up of the wrongful conviction — that is, the police malfeasance in the case."...(Stay tuned. HL);

PASSAGE OF THE DAY:  "After Assoun’s exoneration, the Halifax Examiner, the CBC, and the Canadian Press filed an application with the court to get the documentation of that police wrongdoing made public. However, the Halifax police opposed our application, first obtaining intervener status in the case and then arguing in court that none of the police documents related to the Brenda Way murder should be released — that is, the details of the police wrongdoing would be sealed for 99 years, effectively covering up the cover up. Thankfully, the media won our case last Monday when Justice James Chipman indicated he would rule in our favour this Friday, and on that day all the documentation will become public. But let’s consider the police who may have been involved in this sequence of events."

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STORY: "The Assoun wrongful conviction" The McNeil connection," by investigative reporter Tim Bousquet, published by The Halifax Examiner on July 8 2019.

GIST: "I’m waiting anxiously to learn more details about Glen Assoun’s wrongful conviction for the murder of Brenda Way, and we’ll get full documentation on Friday. The conviction will no doubt prove to be a fascinating story all in itself. But beyond that, we’ll also learn Friday about the cover up of the wrongful conviction — that is, the police malfeasance in the case. Here’s what we know already. A very good lawyer from Newfoundland, a guy by the name of Jerome Kennedy, came to Halifax in 2006 to represent Assoun on his appeal. (Kennedy had previously championed another man, Ron Dalton, who had been wrongfully convicted of murdering his wife, and had gotten Dalton exonerated.) Assoun had no money, and was generally despised, but Kennedy saw merit in Assoun’s claims of innocence, so represented him. Kennedy hired an investigator, a retired RCMP investigator turned private investigator named Fred Fitzsimmons, and Fitzsimmons dug up lots and lots of information that called into question Assoun’s conviction. I’m not sure what or how it happened, but during the course of the appeal, the information Fitzsimmons dug up was run by Halifax police investigators, who did their own follow-up. I have no reason to believe the police investigators slacked on this, and indeed, we now know they took it further: they identified the person who actually killed Brenda Way. That is, they knew that Glen Assoun was in fact innocent of the crime. However [wait a second on this], that information was not conveyed to Fitzsimmons, Kennedy, Assoun, or anyone else. Kennedy lost the appeal, and Assoun rotted in prison for another eight years.
Kennedy was so upset about the loss that he wrote a memo to the Association in Defence of the Wrongfully Convicted, an organization that now goes by the name Innocence Canada. I described what happened next in Part 3 of the Dead Wrong series:

The [appellant court] judges ruled against Kennedy and refused to send Glen’s case back to trial. Kennedy then decided to leave his law practice and get into politics. “But before he went into politics, Jerome was diligent enough to put together a full memo on Glen’s case,” Sean MacDonald told me. “And that memo sat in AIDWYC, in a box. And then one day I just happened to be at the office, and I picked it up and started leafing through it sort of casually at first, and as I read every paragraph, paragraph after paragraph, it was sort of like a Grisham turn-pager. So I took it, and sunk my teeth in it — that was nine years ago. I’m so happy Jerome wrote that memo, because that’s what grabbed me.”

Sean MacDonald was born and raised in Halifax, became a Bay Street lawyer, and then ditched that career to concentrate mostly on wrongful conviction cases. MacDonald championed Assoun’s case, and Assoun would not now be free were it not for MacDonald. Fast forward to March 2019, and Assoun was finally fully exonerated. Thanks to statements made in court by MacDonald’s Innocence Canada colleague, Phil Campbell, we learned about the police wrongdoing I mentioned above. After Assoun’s exoneration, the Halifax Examiner, the CBC, and the Canadian Press filed an application with the court to get the documentation of that police wrongdoing made public. However, the Halifax police opposed our application, first obtaining intervener status in the case and then arguing in court that none of the police documents related to the Brenda Way murder should be released — that is, the details of the police wrongdoing would be sealed for 99 years, effectively covering up the cover up. Thankfully, the media won our case last Monday when Justice James Chipman indicated he would rule in our favour this Friday, and on that day all the documentation will become public. But let’s consider the police who may have been involved in this sequence of events. Back in 2006, the deputy chief of police in charge of investigations was Chris McNeil. I can’t say with certainty that Chris McNeil knew about the information that would have exonerated Assoun, but it seems unlikely that such explosive information would not have been sent up the chain of command — this was, after all, information that would have demonstrated that the department’s investigation of the Brenda Way murder went terribly awry and resulted in the wrongful conviction of Assoun. Would low-level police investigators have taken it upon themselves to squelch that information and refuse to turn it over to Kennedy? Perhaps. Or perhaps someone else — then-chief Frank Beazley, for instance — made the final call. Still, while I can’t now prove it, I suspect that Chris McNeil was involved in that decision. Now let’s return to the last few months. As I reported Thursday, I asked the city’s communication department how the decision was made to oppose the media organizations’ application to unseal the court file in the Assoun case. I was told:

The decision to intervene was made by Halifax Regional Police, in consultation with our legal services team, ultimately all under the authority of the CAO.

So that decision was made soon after Assoun’s March 2 exoneration. The man who probably initiated but definitely approved the court action aimed at frustrating the media’s move to unseal the court records was then-acting Chief of Police Robin McNeil. Chris McNeil and Robin McNeil are brothers. And there’s a third brother: Premier Stephen McNeil. One dot, two dots, three dots…. hmmm, let’s draw a line. Sure, it’s a small province, and the McNeil family is dominant in the Halifax police force. Maybe the dots don’t necessarily connect. But once in the past a McNeil brother was accused of improperly trying to cover up alleged wrongdoing by another McNeil brother. That was when Chris McNeil was accused of perjury involving an investigation into his younger brother Anthony’s involvement in a lie-detector firm that had been given a no-bid contract by the Halifax Fire Department. Ultimately, Chris McNeil was not charged, and he soon after retired from the force.
I tried at the time to attend the Police Review Board’s hearing for Chris McNeil, but I wasn’t allowed in. So I can’t speak further to the allegations in that case."

The entire story can be read at:
https://www.halifaxexaminer.ca/featured/the-assoun-wrongful-conviction-the-mcneil-connection/#News

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;