Sunday, December 22, 2013

The San Antonio Four; Dan and Fran Keller; USA Today story says Texas is leading the trend to challenging forensic evidence in U.S. courts. Cites the state's new "junk science writ" law.


STORY: "Texas leads trend in challenging forensic evidence," by reporter Rick Jervis,  published by USA Today on December 16, 2013.

GIST:  For 16 years, Elizabeth Ramirez endured supervised life at the Texas state prison in Marlin, praying and hoping that one day she'd be freed for a crime she insists never occurred. Last month, she walked out of jail - thanks in part to a new Texas law that allows inmates to challenge faulty forensic science used in their prosecution. Ramirez, 39, is one of four women known as the "San Antonio Four" who were convicted more than a decade ago amid child abuse charges and allegations of Satanic ritual abuse. All have been released. For 16 years, Elizabeth Ramirez endured supervised life at the Texas state prison in Marlin, praying and hoping that one day she'd be freed for a crime she insists never occurred. Last month, she walked out of jail - thanks in part to a new Texas law that allows inmates to challenge faulty forensic science used in their prosecution. Ramirez, 39, is one of four women known as the "San Antonio Four" who were convicted more than a decade ago amid child abuse charges and allegations of Satanic ritual abuse. All have been released..........Ramirez and her co-defendants are part of an emerging trend across the USA of inmates who believe they were wrongly convicted challenging forensic science to spur their release. Glamorized by TV shows such asCSI: Crime Scene Investigation, techniques long believed to be irrefutable - hair and fiber matching, arson investigations, even fingerprinting - are being challenged in court and closely scrutinized by state and federal agencies.........The U.S. Justice Department and FBI last year launched a review of thousands of criminal cases involving hair and fiber examinations. Earlier this year, the Justice Department announced the creation of the National Commission on Forensic Science to investigate the techniques. Somewhat surprisingly, Texas, home to one of the toughest penal codes in the USA and the nation's leader in executions, is at the forefront of the effort, said Stephen Saloom, policy director of the New York-based Innocence Project, a non-profit group that helps exonerate wrongfully accused people. A Texas Forensic Science Commission was recently formed to look into forensic techniques used in convictions. Earlier this year, Texas lawmakers enacted the "Junk Science Writ" law, which allows inmates to challenge faulty or outdated forensic science using newer studies - the first of its kind in the nation, Saloom said. Meanwhile, the Texas State Fire Marshal's Office is reviewing old arson cases. The need for forensic review is mounting, Saloom said.........Since the Junk Science Writ was enacted in September, two Texas cases have been reviewed and their defendants released. The women in the San Antonio Four case, all friends, were convicted and sent to prison in the late 1990s after two of Ramirez's nieces, then ages 7 and 9, accused them of sexually assaulting them during a stay at her apartment. Lawyers for the women were able to show that expert testimony alleging the girls' genitals were scarred by abuse was inaccurate by today's standards. Earlier this month, two other high-profile defendants - Dan and Fran Keller - were released in Austin after serving more than two decades on ritual child abuse allegations. The Kellers were convicted in 1992 and sentenced to 48 years in prison after therapists testified that three children attending Fran Keller's home-based daycare told them they were victimized by the Kellers in Satanic rituals, sexually assaulted in videotaped sessions and flown to Mexico to participate in bizarre rituals........."This is not just a Texas problem. This is happening all over the country," Saloom said. "Texas just happens to be a leader in its willingness to reconsider convictions based on such evidence."http://www.delawareonline.com/usatoday/article/3992313

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.com/2011/05/charles-smith-blog-award-nominations.html

I look forward to hearing from readers at:


hlevy15@gmail.com;


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