Thursday, April 24, 2014

Bulletin: Manuel Velez: Texas; DA's office has yet to decide if it will seek the death penalty again against Manuel Velez, who spent nearly four years on death row before a higher court threw out his capital murder conviction and sentence. His appellate attorneys have alleged that Velez was in Tennessee when Angel Gabriel Moreno received head injuries that resulted in the child’s death and that Velez’s original lawyers didn’t offer evidence that Acela Moreno had been suspected of abusing her children, as well as failing to fully investigate medical evidence that allegedly disputed the DA’s timeline of when the child received the fatal injuries. Brownsville Herald.




GIST: "The Cameron County District Attorney’s Office has yet to decide if it will seek the death penalty again against Manuel Velez, who spent nearly four years on death row before a higher court threw out his capital murder conviction and sentence.Velez, of Brownsville, had been on death row before the 13th Court of Appeals tossed out his death sentence in June 2012 after ruling that a state witness presented false testimony during the sentenced.The Brownsville man had been jailed since October 2005 and was convicted in 2008 of killing his then-girlfriend’s 1-year-old child, Angel Gabriel Moreno.........Velez’s then-girlfriend,  Acela Moreno, who was initially arrested with Velez and charged with capital murder, reached a plea deal with the state and was sentenced to 10 years in prison on a charge of injury to a child.She escaped the capital murder charge in exchange for her testimony.Acela Moreno was released and deported to Mexico after serving five years of her sentence. Assistant District Attorney Ismael Hinojosa said last December that he knows where the woman is and intends to call her to the witness stand during Velez’s trial. Velez’s appellate attorneys have alleged that Velez was in Tennessee when Angel Gabriel Moreno received head injuries that resulted in the child’s death and that Velez’s original lawyers didn’t offer evidence that Acela Moreno had been suspected of abusing her children, as well as failing to fully investigate medical evidence that allegedly disputed the DA’s timeline of when the child received the fatal injuries.Last November, Cornejo-Lopez set bail at $500,000, issued by pre-trial release, which requires a 3-percent of the bail, $15,000, for Velez to bond out. Velez is still in Cameron County jail as his family has been unable to raise the money."
 
The entire story can be found at: 
 

http://www.brownsvilleherald.com/news/local/article_60ba14de-cb5f-11e3-9083-001a4bcf6878.html?mode=jqm

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;



Sent from my iPad

Wednesday, April 23, 2014

Bulletin; Aubrey Levin: The former forensic psychiatrist's appeal on charges of sexually molesting three of his male patients has been dismissed. He must turn himself in by 10. a.m. Friday to begin serving a five-year prison sentence. Calgary Herald.


STORY: "Psychiatrist Aubrey Levin exhausts all appeals, must begin serving sentence for sex assaults,"  by reporter Daryl Slade, published by the Calgary Herald on April 23, 2104.

SUB-HEADING:  "Aubrey Levin has been sentenced to five years in prison for sexually molesting three of his male patients between 2008 and 2010."

GIST: Former forensic psychiatrist Aubrey Levin must turn himself in by 10 a.m. on Friday to begin serving a five-year prison sentence for sexually molesting three of his male patients between 2008 and 2010, the province’s top court has ruled. Levin, 74, had been out on bail pending the result of his conviction appeal heard last October, but the Alberta Court of Appeal on Wednesday dismissed all of his grounds for being awarded a new trial. The court gave him 48 hours to turn himself into custody or they would have a warrant issued for his arrest. Chief Justice Catherine Fraser and justices Carole Conrad and Bruce McDonald also dismissed an application by Levin’s lawyers Karen Molle and Heather Ferg to admit fresh evidence on appeal.......... Court heard that RB initially saw Levin as part of a court order in 2001, but later volunteered to continue to see the doctor for ongoing treatment until he went to police in March 2010 after two specific appointments, which he recorded on a Spy Watch camera. The video, played several times in court, shows Levin unzipping RB’s pants, fondling his genitals, chest and abdomen. RB had discussed all of his problems with Levin, including alcohol and drug abuse, a history of sexual and physical abuse as a child and significant psychiatric problems. In his statements to police and testimony at trial, RB described between 18 and 100 incidents of sexual abuse by Levin.
After RB gave a statement to police about the abuse, another 20 complainants came forward. But by trial in 2012, Crown prosecutors Bill Wister and Dallas Sopko opted to go ahead with only 10 of them. One more charge was stayed early in the trial, leaving nine alleged victims. The trial featured a bizarre incident in which Levin’s wife Erica allegedly tried to bribe a juror at a C-Trian station near the court house with an envelope containing either $1,000 or $10,000, in exchange for finding him not guilty. The juror reported the incident and Erica Levin, 70, was first cited for contempt of court, then charged criminally with attempting to obstruct justice by bribing a juror. She has pleaded not guilty to the criminal charge and her trial is set for the fall. The judge later dropped the contempt citation. The judge reluctantly dismissed the juror who had allegedly been approached by the doctor’s wife, and the remaining 11 jurors convicted Levin on the three counts, acquitted him of two counts and the other four ended with a hung jury. Two of the counts were retried last month with prosecutors Shane Parker and Sopko and again ended without a second jury being able to reach a verdict on either count after four days of deliberations. The Crown has not yet decided whether it will pursue a third trial on the two counts that have twice not been decided."

The entire story can be found at:

http://www.calgaryherald.com/news/calgary/Psychiatrist+Aubrey+Levin+exhausts+appeals+must+begin/9767743/story.html

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

Bulletin: Colin Matchim; Newfoundland; The Telegram reports that his conviction of aggravated assault for causing his infant daughter's brain injury by shaking her has been overturned. He is waiting for a decision as to whether his lawyers at the new trial will be paid more than standard legal aid rates.


STORY: "Lawyer's rates in brain-injured baby case expected to be settled soon," by reporter Rosie Gillingham, published by the Telegram on April 3, 2014.

GIST: "Lawyers for a man accused of shaking his infant daughter should know by next month whether they’ll be paid more than Legal Aid rates.........Colin James Matchim, who had been found guilty of causing his daughter brain damage, had his conviction overturned Monday in Newfoundland Supreme Court in St. John’s.........Matchim had been convicted in 2011 of aggravated assault for causing his infant daughter’s brain injury by shaking her in 2009. However, before sentencing, Matchim’s new lawyers — Erin Breen and Bob Simmonds —  applied to have the case reopened and new medical evidence introduced. Following a hearing — which saw experts from around the world offer their opinions on shaken baby syndrome — a mistrial was declared. The Crown indicated it would proceed with a second trial."
The entire story can be found at:

http://www.thetelegram.com/News/Local/2014-04-03/article-3674942/Lawyers%26rsquo%3B-rates-in-brain-injured-baby-case-expected-to-be-settled-soon/1

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

Tuesday, April 22, 2014

Bulletin: Rene Bailey; New York: The Democrat and Chronicle reports that the former day care provider testified Tuesday that a boy in her care likely saw a fatal fall of a toddler, who authorities instead insisted was killed by violent shaking.



Bulletin" Jennifer Del Prete: The Medill Justice Project reports that the former day care worker who has been behind bars for almost ten years is about to be released on bond. (A key factor: Medill unearthed an undisclosed letter from a police detective in the case who wrote that the forensic pathologist who performed the infant’s autopsy had significant doubts about whether Del Prete had violently shaken the child in what is known as shaken-baby syndrome or abusive head trauma.)


POST: "Rare" decision by federal judge in shaken baby syndrome case investigated by the Medill Justice Project," by Lauryn Schroeder, published by the Medill Justice Project on April 21, 2014.

SUB-HEADING: "Bond will be set in coming days:  After serving nearly a decade of a 20-year sentence, Jennifer Del Prete is about to be released on bond."

GIST: "A federal judge in Chicago today ordered Jennifer Del Prete be released from prison, granting the former day care worker the freedom she has sought since she was imprisoned nearly a decade ago for a murder she said she didn’t commit. But Del Prete still faces legal challenges in state and federal courts. U.S. District Court Judge Matthew F. Kennelly said Del Prete will be released after posting bond while the courts address her claims, which include that prosecutors withheld evidence pointing to her innocence. That evidence was discovered by The Medill Justice Project.........Del Prete’s attorneys filed a state Brady claim in May 2013 and a federal Brady claim this past February, accusing the state of withholding key evidence. The evidence centered on a 2003 letter written by a police detective in Del Prete’s case, which was discovered by The Medill Justice Project and published as part of its investigation last year. In that letter, Police Commander Kenneth Kroll said the forensic pathologist who performed the infant’s autopsy had significant doubts about whether the day care worker had violently shaken the child in what is known as shaken-baby syndrome or abusive head trauma.........Deborah Tuerkheimer, a professor of law at DePaul University in Chicago who has written extensively about shaken-baby syndrome and the courts, said while it is extremely unusual for a defendant to be released while pursuing a federal habeas corpus petition, she believes the judge’s actions may “set some legal precedent” and “be influential in how other judges look at” shaken-baby syndrome cases."
 
The entire post can be found at:

http://www.medilljusticeproject.org/2014/04/22/del-prete-to-be-released-from-prison/

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

Bulletin: Aubrey Levin: Alberta: (Up-date); Calgary Herald reports that a third trial for the former forensic psychiatrist charged with sexually assaulting young men he was assessing pursuant to court orders is "in doubt" following two mistrials. A decision on his appeal of three convictions is still pending. The Calgary Herald.


STORY: "Third trial in doubt for ex-psychiatrist accused of molesting patients," by reporter Daryl Slade, published by the Calgary Herald on March 24, 2014;

SUB-HEADING: "Former forensic psychiatrist Aubrey Levin was convicted of sexually assaulting three male patients in his care between 2008 and 2010. Two other trials have resulted in mistrial, with jurors unable to reach a unanimous verdict."

GIST: "The decision on whether to conduct a third trial for former forensic psychiatrist Aubrey Levin on two charges of sexually assaulting patients under his care may not be made for awhile, Crown prosecutor Shane Parker said Monday. In the first two trials, including one that ended Friday, both counts have resulted in a mistrial with juries being unable to reach unanimous verdicts. Levin is scheduled to next be back in court May 9. “We will not make our final decision on a third trial until we have made an assessment of the case,” said Parker. “One of the factors may be what happens at the (Alberta) Court of Appeal. The appellate court still has not released a decision on the defence appeal of three convictions against Levin of sexually assaulting three other patients from the first trial, when four others — including the two that went to retrial — ended with a jury deadlock." Levin is currently on bail pending the appellate court’s ruling."

The entire story can  be found at:

http://www.calgaryherald.com/news/Prosecutors+uncertain+about+third+trial+accused+psychiatrist/9655776/story.html 

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog; 

Monday, April 21, 2014

Commentary: Crime lab delays: Grits for Breakfast blames Texas drug-war overreach to crime lab delays which have led to guilty pleas in innocence cases where it is later found "that the substance Applicant possessed contained no controlled substances." (Must Read. HL);


POST: "Crime lab delays, plea mill culture contribute to drug-war innocence cases, published by "Grits for Breakfast, on April 21, 2014.

GIST: "The Court of Criminal Appeals last week granted habeas corpus relief in yet another actual innocence case in which a man from Harris County pled guilty to drug possession only to have a crime lab later find "that the substance Applicant possessed contained no controlled substances." In a report in Sunday's Austin Statesman ("Lab delays create Texas' unknown exonerees") Eric Dexheimer reported on finding 21 such cases in recent years, including Wilkins. ........If the state's not going to adequately fund crime labs - and they've massively expanded crime lab capacity in recent years without getting a handle on the problem - then they need to look to relieve pressure on the system in other ways. These 21 cases are symptoms of a much more pernicious disease - drug war overreach. If Texas wants to prosecute the drug war at the levels we do today, it must pay for sufficient resources to handle the volume. At the moment, not just in these innocence cases but generally, the state's drug-war reach exceeds its grasp."
The entire post can be found at:

http://gritsforbreakfast.blogspot.ca/2014/04/crime-lab-delays-plea-mill-culture.html

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;