Author Archives: Phil Locke

Amanda Knox to be Interviewed on ABC

Amanda Knox will give her first TV interview, since being absolved of murder charges in Italy, with Diane Sawyer on ABC April 30, 2013.

See story here.

Verdict in Hang Bin Li SBS Case Devastates Supporters

The Hang Bin Li SBS case has been previously reported on this blog here and here.

After a three week trial, and a very brief jury deliberation, Hang Bin Li was found innocent of murder but guilty of manslaughter.

This is a classic example of the situation of “dueling experts” which was mentioned in a previous WCB post  Shaken Baby Syndrome Expert Testimony – This HAS to Get Fixed.

When the prosecution can afford to put 9 experts on the stand, and the defense only one, what the hell is the jury going to think?

For further details, see this post on Sue Luttner’s blog OnSBS.

“Execution Watch” Radio Broadcast Planned in Texas

RADIO SHOW PREVIEW

EXECUTION WATCH
Unless a stay is issued, we’ll broadcast live:
Tues., Jan. 29, 2013, 6-7 PM Central Time
KPFT FM Houston 90.1 – HD3, and Online…
http://executionwatch.org > Listen
Join the discussion on Facebook: Execution Watch
TEXAS PLANS TO EXECUTE:
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KIMBERLY McCARTHY, a former crack addict who was sentenced to death for the 1997 slaying of an elderly woman during a home robbery near Dallas. McCarthy, 51, is the former wife of New Black Panther Party founder Aaron Michaels, with whom she has a son. She is one of 10 women on Texas death row. Since the date was announced Sept. 12, she has been the only one with a scheduled execution. Three of the nearly 500 people Texas has put to death in the modern era have been women. Background: www.executionwatch.org > Backpage on McCarthy.

“Head Start” on a Motion for Post Conviction Relief Based Upon Newly Discovered Evidence in an Arson Case

arsonRecently, Prof. Theresa Newman, co-director of the Duke Law Wrongful Convictions Clinic, and I collaborated on a motion for post conviction relief in an arson case.  I think it turned out well.  It lays out the framework of a legal strategy to pursue a claim of “newly discovered evidence” in an arson case based upon advances in fire science, and contains citations to current fire science literature and to recognized experts in the field of fire science & arson investigation in support of that claim.  I know of several folks who are currently working on arson cases, and I’m sure there must be others; so I thought this might save some effort in what is a lengthy and difficult process.  Perhaps you can use some of the language and/or the cited references.  The “motion” is attached here for your reference.  All case-specific references have been deleted or obscured, and the case-specific reports of experts are not included, but the cited references to publicly available information are appended after the following link to the generic motion:

Arson Post Conviction Motion – New Evidence

Citations:

Lentini:    The Evolution of Fire Investigation and Its Impact on Arson Cases

Lentini:    The Mythology of Arson_Investigation

Lentini:    Nightmare On Lime Street

Carman:    Improving the Understanding of Post Flashover Fire Behavior

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Daily Trial Coverage of Hang Bin Li Shaken Baby Syndrome Case

AnnieHang Bin Li and his wife, Ying Li, were charged with, and imprisoned for, killing their baby daughter, Annie, in October, 2007.  Recently, all charges against Ying Li were dropped, but her husband is currently undergoing a homicide trial in New York.

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Please see the previous WCB post on the Hang Bin Li case here.

And you can also see the NY Times article, “What Happened to Baby Annie?” here.

The Chinese community in New York has been their only active supporter, through the media and by blog.  A new blog, presenting daily coverage of the trial, has just been initiated.

You can follow daily blog coverage of the Hang Bin Li trial here.

The blog editor would like to draw your particular attention to ‘day 2’ of the trial, during which the neurosurgeon who testified as an expert for the prosecution, Dr. James T. Goodrich, was cross-examined by defense attorney Cedric Ashley.

The Latest in the Medical Debate Over SBS/AHT (Shaken Baby Syndrome/Abusive Head Trauma)

Well, it seems we’ve got a situation of “dueling journal articles.”

Dr. Sandeep Narang has been one of the more cogent medical authors in support of the conventional SBS/triad theories, and has recently published a paper to that effect:  A DAUBERT ANALYSIS OF ABUSIVE HEAD TRAUMA/SHAKEN BABY SYNDROME.

Prof. Keith Findley, Prof. David Moran, Dr. Patrick Barnes, and Dr. Waney Squier have published a recent paper “in response.”   And by the way, this paper is the best overall summary of the SBS/AHT situation and directions that I have read to date. SHAKEN BABY SYNDROME, ABUSIVE HEAD TRAUMA, AND ACTUAL INNOCENCE:  GETTING IT RIGHT.

And in addition, Dr. Norman Guthkelch, who is the progenitor of the original SBS hypothesis has also published a recent paper in response as well.  PROBLEMS OF INFANT RETINO-DURAL HEMORRHAGE WITH MINIMAL EXTERNAL INJURY.

They may not be great “bedtime reading,” particularly Narang’s paper since it is quite long, but here they are if you’d care to read them:

Narang

Barnes PD. SBS and AHT. Getting it right. Hous J Health Law Poly 2012

Guthkelch AN. Preface to Narang. Hous J Health Law Poly 2012

Witnessed Baby Shakings – Shaken Baby Syndrome

BabyShake

This article addresses Shaken Baby Syndrome, SBS (now officially renamed Abusive Head Trauma – AHT), and the so-called “triad” of symptoms that the bulk of the medical establishment and the justice system say are pathognomonic (exclusively indicative of) of SBS.  The “triad” consists of retinal hemorrhage, subdural hematoma, and diffuse edema of the brain, and according to largely prevailing medical wisdom, violent shaking or abusive head trauma is the only thing that can cause these symptoms in an infant or child – not diseases or genetic conditions or short falls.

Documented, witnessed baby shakings are a rare event.  Charges of SBS are almost universally brought against care givers in situations in which there are no witnesses, and the determination of SBS rests solely upon a medical opinion.  Prof. Deborah Tuerkheimer of DePaul University has said that a “post mortem determination of SBS is essentially a medical diagnosis of murder.”

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Dismissed Case Raises Questions On Shaken Baby Diagnosis

This is an excellent article, with a link below, but here is a significant quote from the article: (emphasis is mine)

Patrick Barnes, a pediatric neuroradiologist and one of the experts hired by Aspelin’s defense, explained how doctors now recognize “a variety of accidental and natural causes” that are sometimes overlooked in cases that are first diagnosed as shaken baby syndrome.

Barnes had testified for the prosecution in one of the most famous shaken baby syndrome cases — at the 1997 trial of English au pair Louise Woodward in Massachusetts. Since then he has come to believe that the syndrome is overdiagnosed and misdiagnosed.

You can read the article here.

The Dark Side of Crime Stoppers – False Information and Police Tunnel Vision

CS LogoYou’re probably familiar with Crime Stoppers.  Crime Stoppers first began in Albuquerque, NM during July 1975.  Two weeks after a fatal shooting, the police had no information, when out of desperation, Detective Greg MacAleese approached the local television station requesting a reconstruction of the crime. The re-enactment offered $1,000 for information leading to the arrest of the killers.  Within 72 hours, a person called in identifying a car leaving the scene at high speed, and he had noted its registration. The person calling said that he did not want to get involved, so he had not called earlier. Detective MacAleese then realized that fear and apathy were the primary reasons why the public tended not to get involved. So he helped establish a system where the public could anonymously provide details of crime events that offered cash rewards for information leading to an arrest and/or conviction.  Since its first chapter was officially formed in Albuquerque in 1976, Crime Stoppers has spread across the United States, and has been responsible for more than half a million arrests and more than $4 billion in recovered property.

This all sounds very good, and I support the organization, but let’s dig deeper into the motivational aspects of why someone would phone in an anonymous tip to Crime Stoppers.  Someone who really wanted to do their “civic duty” would go directly to the police, and if they’re afraid of “involvement” or retribution, they can still remain anonymous.  Given that anyone can provide an anonymous tip directly to the police, the real attraction of Crime Stoppers is the cash.  Here are some examples from Crime Stoppers organizations across the country.  The payouts are all conditioned upon either an arrest or an indictment or both.

This from the Topeka, KS Crime Stoppers website:
Topeka Crimestoppers

And  here is a random sampling of the rewards offered by Crime Stoppers organizations across the country:

Crime Stoppers of Michigan$1,000

Texas Crime Stoppers – $50,000

Crime Stoppers of Tampa Bay$1,000

NYPD Crime Stoppers – $10,000, $2,000, $1,000, or $500 – depending on the crime

The problem here is that people can be tempted to provide information, even if it’s false, just to get the payout.  It happens – just like jailhouse snitches will provide false information to get a deal from the prosecutor.

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Execution Imminent in Taiwan

Cheng Hsing-tse was arrested on 5 January 2002 and accused of killing a police officer during a gunfight. He was sentenced to death for murder by the Taichung District Court on 18 November 2002. The case bounced back and forth between the High Court and the Supreme Court for appeals and retrials; however Cheng Hsing-tse’s death sentence was finalized on 25 May 2006. His lawyers have since applied for extraordinary appeals but the requests have been rejected each time by the Prosecutor General.

The recently founded Taiwan Innocence Project has taken on the case.  They believe that a confession that was made was obtained through torture, and have filed perjury charges against two police officers for lying about that in testimony.  The defendant has recanted the confession.  The crime scene investigation was completely botched by the police – the guns were not left in place and were collected, and the bodies were moved.  There was also a bogus ballistics analysis done, which has been confirmed as such by a US firearms expert.  However, despite their efforts, the Minister of Justice could sign an execution order at any moment.

Here is the call by Amnesty International for petitions to be submitted to the Taiwanese government:  asa380062012en

Medill Innocence Project’s First Published Shaken-Baby Syndrome Investigation

This from the Medill Innocence Project at Northwestern University.

(Emphasis below is mine.)

The Medill Innocence Project published its first shaken-baby syndrome investigation this morning at www.medillinnocenceproject.org. Investigative journalism students, supervised by Northwestern University Professor and Medill Innocence Project Director Alec Klein, looked into the conviction of Pamela Jacobazzi, a 57-year-old former Chicago-area day care owner convicted of first-degree murder. Among the findings:

–Eye experts, including the ophthalmologist who diagnosed the infant with “shaken injury,” now acknowledges that such symptoms may arise from non-abusive causes.

– Medical examiners, pathologists and other experts interviewed for this investigation say they cannot pinpoint the infant’s trauma to the time he was under Jacobazzi’s care.

–Biomechanical experts say it was impossible for Jacobazzi, at 115 pounds, to physically shake the infant, who was 21 pounds, to death, especially given that his neck and spine were undamaged.

–Medical experts question how Jacobazzi could have been convicted, given the child’s pediatric records, which were not raised at Jacobazzi’s trial, and indicated he may have suffered from internal bleeding, while CT scans and a slide of brain tissue may have revealed a slow bleed from an old head injury that remained undetected until he was rushed to the hospital on the day he was under Jacobazzi’s care.

You can read the full story, view the behind-the-scenes photo gallery and see the public documents and medical and scientific studies the students tracked down here.

More False Confessions from Chicago to be Covered on “60 Minutes”

This just released by Kevin Tedesco at CBS News:

(And as previously reported in yesterday’s Quick Clicks.)

CHICAGO POLICE UNDER DOJ INVESTIGATION FOR INTERROGATIONS — SOME THAT RESULTED IN FALSE CONFESSIONS FROM TEENAGERS – “60 MINUTES” SUNDAY 

The Chicago Police Department is now the subject of a federal Justice Department investigation into its interrogation practices in at least one case that dates back more than 25 years, 60 MINUTES has learned.  The case involves juveniles who were as young as 14 years old. Now,  after serving lengthy jail times, they tell Byron Pitts they were picked up on the streets, isolated from their parents and in some cases held for days by the police, who they say forced false confessions from them under harsh interrogations.  Pitts’ report will be broadcast on 60 MINUTES, Sunday, Dec. 9 (7:00-8:00 PM, ET/PT) on the CBS Television Network.

“Everything in that confession was fed to us, and myself and my co-defendants by the police,” Terrill Swift tells Pitts.  He signed a 21-page confession in 1994  admitting to a murder and rape of a 30-yr.-old prostitute that resulted in a 30-year sentence. Watch a clip.

“You are being cuffed up and beat on by the police..they can get you to do what they want you to do,’’ says Robert Taylor, who would sign a confession in another case that resulted in being jailed for more than 19 years.

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Katie Couric to Interview Audrey Edmunds and Keith Findley – Shaken Baby Syndrome

Audrey & Keith

Even casual followers of the SBS saga are familiar with the Audrey Edmunds case. Audrey was convicted and imprisoned for the shaking death of an infant in her care.  She spent 11 years in a maximum security prison until Keith Findley and the Wisconsin Innocence Project succeeded in having her conviction overturned, and she was exonerated.

The American Bar Association Journal from Dec., 2011 has an article that provides a good summary of the case.  See that article here.  The article will also give you some idea of how entrenched SBS theory is in the US medical community and justice system.  For example, to this day, the prosecutor in the case is still convinced that Audrey murdered that infant.

On Dec. 10, 2012, Audrey and Keith are scheduled to appear on the daytime talk show “Katie” with Katie Couric.  3:00 PM Eastern time on ABC.  This should be one to put on your calendar.  The appearance was originally scheduled for Dec. 6, but pending any further schedule change, it is now set for Dec. 10.

SBS – Shaken Baby Syndrome. Politics and “Religion” vs. New Science

Sue Luttner is the editor of a blog called OnSBS.  (OnSBS.com)  After reading a recent Quick Click on the Wrongful Convictions Blog, she was inspired to author a post on her blog.  The Quick Click in question is one about the San Antonio Four – four young women who were wrongfully convicted and incarcerated for what was described as “Satanic cult child abuse”; even though the theory of Satanic cult child abuse had been debunked years prior to that.  You can read the Quick Click article here.  [Sidebar:  You may remember the McMartin Preschool case from the 80’s, which was driven, at least in part, by a wave of “Satanic cult ritualistic abuse” paranoia that had taken the country.  This was the longest and most expensive criminal trial in US history, and eventually, all charges against all defendants were dismissed; although, one of the defendants had already spent 5 years in prison.  This was truly a black mark on the US justice system.]

In the post, Sue draws an insightful parallel between the debunking of the old Satanic cult theories and those of the entrenched medical dogma of SBS and the “triad” (a combination of three symptoms said to be uniquely indicative of SBS).  See Sue’s OnSBS post here.  She very appropriately titles the post Old Theories Die Hard.

I’d like to leverage off the message of that title within the context of SBS.  I once heard pathologist and anti-triad crusader Dr. John Plunkett say, “It takes 10 years to get a new idea into medicine, but it takes 100 years to get a bad idea out of medicine.”  I believe he was speaking from experience.  There has been much recent, new, and still emerging research that clearly calls into question the 100% validity of the triad.  There’s lots of other stuff that can cause a child to present with retinal hemorrhage, subdural hematoma, or diffuse edema.  And the old theories that triad symptoms can’t be caused by short falls, and that there’s no such thing as “lucid invertal” have been proven absolutely untrue.  However, the vast majority of the medical community seems to turn a blind eye to it.  How can that be?

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Shaken Baby Syndrome Accusations: A Modern Day Witch Hunt?

Sue Luttner posted this earlier on her blog “On SBS” here.

Hangbin and Yi Ling have been incarcerated in Rikers Island since 2008 for the abusive death of their baby daughter Annie.  It was discovered only a few months ago that Annie had a genetic marker for osteogesis imperfecta (brittle bone disease), and the family histories suggest the possibility of other genetic  problems as well.  The NY Chinese community has rallied around them, and formed a support group.  That group recently published a statement which summarizes the SBS situation quite well.  Here is the text of their statement:

School-to-Prison Pipeline in Mississippi

Talk about wrongful convictions!

The school district in Lauderdale County Mississippi is being sued by the Justice Department for maintaining a “school-to-prison” pipeline.  For minor infractions, which includes things like talking back to teachers or violating dress codes, students are arrested, processed through a juvenile court without rights, and incarcerated.  It’s reported that all the victims of this process are minorities.

Here are some examples of the unconstitutional actions taken by the school district and the court:

• Children are handcuffed and arrested in school and incarcerated for days at a time without a probable cause hearing.

• Children detained wait more than 48 hours for a hearing, in violation of constitution requirements.

• Children make admissions to formal charges without being advised of their Miranda rights.

• Children are not routinely granted legal representation during the juvenile justice process.

Read the story here.

We talk a lot here about flaws in the justice system, but what do you do when there is no justice system?  How can this happen in this day and age – in this country?

In Arizona, Drayton Witt’s SBS Murder Charges Dismissed – “With Prejudice”

Drayton Witt stands with his wife Maria Witt. Drayton’s 2002 second degree murder conviction was vacated recently after the Arizona Justice Project helped secure his release.

Thanks to the tireless work of the Arizona Justice Project, Drayton Witt has had 2nd degree murder charges against him for the shaking death of his 4 month old son dismissed, with prejudice.  “With prejudice” means that the state can never again bring charges against him related to the death of his son.

Read the story here.

This is another case of the pediatric medical community blindly relying on the “triad” to diagnose death by shaking.  Someday …. someday …. they will creep out of the Stone Age, and acknowledge the reality that the “triad” is NOT pathognomonic (uniquely indicative) of shaking, or as they call it today – abusive head trauma.

For more on the “triad”, see previous post here.

Federal Prosecutorial Misconduct – Can There Be Any Difference at the State and Local Level?

USA Today just published a story about Nino Lyons, who was exonerated of drug trafficking charges for which he was convicted in 2001.  It’s a very “telling” article.  Here is the lead-in to the story:

“For more than a week in 2001, the jurors listened to one witness after another, almost all of them prison inmates, describe how Lyons had sold them packages of cocaine. One said that Lyons, who ran clothing shops and nightclubs around Orlando, even tried to hire him to kill two drug suppliers.

But the federal prosecutors handling the case did not let the jury hear all the facts.

Instead, the prosecutors covered up evidence that could have discredited many of Lyons’ accusers. They never revealed that a convict who claimed to have purchased hundreds of pounds of cocaine from Lyons struggled even to identify his photograph. And they hid the fact that prosecutors had promised to let others out of prison early in exchange for their cooperation.”

See full story here.

Quoted in the article is Pace University law professor Bennett Gershman, an expert on misconduct by prosecutors. “It’s systemic now, and … the system is not able to control this type of behavior. There is no accountability.”  (emphasis is mine)

The article focuses on federal prosecutors, but why would this situation be any different at state and local levels?  My expectation is that it’s not.  I’ve heard prosecutors quoted as saying “We will win at all cost.”

There has to be some accountability for these people who are invested with so much power, but it seems there is not.

PBS Nova – “Forensics on Trial” – a Review

If you were not able to watch PBS Nova’s presentation of “Forensics on Trial” last night, you can stream it here.

To sum up my overall reaction, I was quite disappointed.  They failed to educate the audience about the actual underlying scientific shortcomings of forensics, and for a good portion of the show, I felt like I was watching an episode of CSI in which the investigator sits down at a computer and some magical software application solves the crime.

They did say that there needs to be more “science” in “forensic science”, but did not address what or how.  They did say that most all forensics is subject to an examiner’s interpretation of the evidence, and that it can be wrong.  Beyond that, I found little value in the program.  My impression is that it was clearly produced more to entertain than to educate.

The program addressed three areas of current forensics – fingerprints, blood spatter, and bite marks.  Let’s look at some specifics.

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One Issue Not Discussed on the Campaign Trail – the Justice System

Here’s an issue that has not been addressed at all during this political campaign season – the justice system.

The universal political knee-jerk response to justice system issues is “tough on crime,” but this blindly ignores any ‘root cause analysis’ approach to the problem, which is really the only way to actually come close to “solving” it.

This article on the subject is quite interesting, and I include it without editorial comment.