Friday, April 26, 2024

Scott Peterson: California: Prosecutors say his request for new DNA tests is unnecessary,, ABC7 San Francisco (Reporter Dann Noyes) reports.. "A major development in Scott Peterson's fight for a new trial, 20 years after he was convicted of murdering his wife, Laci, and their unborn son The LA Innocence Project asked for new DNA testing, but now, the people are firing back. The original prosecutors in the case argue there is no need for new DNA testing, that Scott Peterson's lies about his role in Laci's death make it unnecessary."

PUBLISHER'S NOTE: WORDS TO HEED: FROM OUR POST ON KEVIN COOPER'S APPLICATION FOR POST-CONVICTION DNA TESTING; CALIFORNIA: (Applicable wherever a state resists DNA testing): "Blogger/extraordinaire Jeff Gamso's blunt, unequivocal, unforgettable message to the powers that be in California: "JUST TEST THE FUCKING DNA." (Oh yes, Gamso raises, as he does in many of his posts, an important philosophical question: This post is headed: "What is truth, said jesting Pilate."...Says Gamso: "So what's the harm? What, exactly, are they scared of? Don't we want the truth?")

https://smithforensic.blogspot.com/2018/06/kevin-cooper-2-california-application.html

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PASSAGE OF THE DAY: "Still, (Legal analyst) Steven Clark believes that chances are, the judge will order new DNA testing. "The fact that the court is having these hearings is very significant," he says. "And it, I think, says a lot that the Innocence project got involved in this case. In the first place, they believe there's a good faith reason to at least go back and look at this evidence to make sure that the jury got this right." The hearing on the DNA issue is at the end of May. That should give us a good indication whether Peterson's attempt for a new trial has a chance."

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STORY: "Scott Peterson: Prosecutors say convicted killer's request for new DNA tests is unnecessary", by Dan Noyes, published by ABC7 San Francisco, on April 24, 2024. (Dan Noyes is the chief investigative reporter for the ABC7 News I-Team in San Francisco. He has received many industry awards, including 15 Emmys.)

GIST: "Prosecutors in a motion filed on Monday said convicted killer Scott Peterson's request for new DNA tests is unnecessary.

SAN FRANCISCO (KGO) -- A major development in Scott Peterson's fight for a new trial, 20 years after he was convicted of murdering his wife, Laci, and their unborn son. The LA Innocence Project asked for new DNA testing, but now, the people are firing back. The original prosecutors in the case argue there is no need for new DNA testing, that Scott Peterson's lies about his role in Laci's death make it unnecessary.

Prosecutors from Stanislaus County, who actually got Scott Peterson his murder conviction in 2004, argued in this motion filed Monday that there is no need for additional DNA testing - Peterson filed a motion and had DNA testing done in 2013, and again in 2019. "That was equally fruitless," wrote the prosecutors.

Legal analyst Steven Clark tells the I-Team, "I think what the prosecution is saying here to the public and to the court is, we got this right. Scott Peterson did have a fair trial, and nothing that can be done now is going to change the outcome of what that jury decided, because the evidence was so overwhelming as to his guilt."

TIMELINE: How the Laci Peterson case unfolded

The prosecution spent much of 337-page court filing outlining how Peterson repeatedly lied about his involvement in the death of Laci and their unborn child, Conner, and how those lies outweigh the need for any additional DNA testing.

Clark adds, "The prosecution has taken some hits during these hearings, suggesting that they hid the ball from the defense team during discovery, and what they're saying here is, look at all of this evidence that was brought forward at the trial. There is no reasonable explanation for any other killer than Scott Peterson."

The document describes how a friend, who didn't know he was married, set Peterson up with Amber Frey. And when that friend learned Peterson was married, she threatened to expose him. The next day, according to prosecutors, Peterson bought the boat and began planning the murder. The document also shows a pair of pliers found on the boat with a hair consistent with Laci's.

The bodies of Laci and Conner were found in San Francisco Bay months later, after a strong April storm.

The filing also says that before his arrest, Peterson played a cat-and-mouse game with law enforcement changing his appearance. At the time of his arrest, he had $15,000 in cash, other people's ID's and credit cards, multiple cell phones and outdoor equipment.

Still, Steven Clark believes that chances are, the judge will order new DNA testing. "The fact that the court is having these hearings is very significant," he says. "And it, I think, says a lot that the Innocence project got involved in this case. In the first place, they believe there's a good faith reason to at least go back and look at this evidence to make sure that the jury got this right."

The hearing on the DNA issue is at the end of May. That should give us a good indication whether Peterson's attempt for a new trial has a chance. The prosecutors also argue that Laci's family deserves the right to have the case over. They say this new push by Peterson is harassment."

The entire story can be read at:

https://abc7news.com/scott-peterson-prosecutors-say-convicted-killer-request-for-new-dna-tests-is-unnecessary/14723363/

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-12348801
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Ellen Greenberg: Pennsylvania: Major (Welcome) Development: The parents of a young Philadelphia teacher may be heading back to court as they continue to search for answers surrounding loss of their beloved daughter, Fox 29 staff report, noting that earlier this month a former Philadelphia prosecutor was granted permission to testify as part of the family's ongoing fight against the city…."The family filed a lawsuit against the medical examiner's office in 2021 in a push for investigators to reevaluate the case. Officials initially ruled Ellen's death a suicide before changing it to homicide, then switching it back to suicide days later. However, her parents contended that Ellen could not have stabbed herself that many times and pushed to have the case reopened. "I want my daughter's name cleared, because there's no way that she could have done that to herself," Sandee told Good Day Philadelphia back in 2021. They were granted a non-jury trial to try to get the cause of death changed to "undecided" or homicide. On Tuesday, a court ruled that the former ADA Guy D'Andrea could be deposed on or before May 6."

PASSAGE OF THE DAY: "The Greenbergs aren't the only ones who pushed for the case to be reopened. A Change.org petition called "Justice for Ellen Greenberg" gathered over 160,000 signatures and urged the case to be revisited, claiming "top forensic pathologists all agree the case is highly suspicious of murder."

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STORY: "Ellen Greenberg: Former ADA (Assistant District Attorney) allowed to testify 13 years after teacher's death," by Fox 29 staff, on April 18, 2024.

GIST: "The 13-year-old case of Ellen Greenberg's death may be heading back to court as the parents of a young Philadelphia teacher continue to search for answers surrounding the loss of their beloved daughter.

At the age of 27, Ellen was found fatally stabbed 20 times inside her Manayunk apartment in January 2011, just days after sending out save the dates for her upcoming wedding.

On Thursday, her mom, Sandra, confirmed to FOX 29 that a former Philadelphia prosecutor was granted permission to testify as part of the family's ongoing fight against the city.

"We are pleased and so should every parent in America," Sandra said. "Ellen’s death is so obviously a murder. This case is riddled with delay tactics!"

Article: Ellen Greenberg case: Chester County DA to take over investigation of teacher's stabbing death, lawyer says'

School teacher Ellen Greenberg was found stabbed to death in her Manayunk apartment more than ten years ago. Now, after her family fought the ruling that her death was a suicide, the Chester County District Attorney's Office will be investigating the case.

Greenberg family lawsuit:

The family filed a lawsuit against the medical examiner's office in 2021 in a push for investigators to reevaluate the case.

Officials initially ruled Ellen's death a suicide before changing it to homicide, then switching it back to suicide days later.

However, her parents contended that Ellen could not have stabbed herself that many times and pushed to have the case reopened.

"I want my daughter's name cleared, because there's no way that she could have done that to herself," Sandee told Good Day Philadelphia back in 2021.

They were granted a non-jury trial to try to get the cause of death changed to "undecided" or homicide.

On Tuesday, a court ruled that the former ADA Guy D'Andrea could be deposed on or before May 6.

Family of Ellen Greenberg searching for answers 10 years after her death

The parents of Ellen Greenberg are still searching for answers in the death of their daughter who was stabbed to death inside her Manayunk home over 10 years ago.

Ellen's items moved:

During that same Good Day Philadelphia interview, the Greenbergs and private investigator Tom Brennan said Ellen's fiancé's uncle removed items from the apartment after it was no longer a crime scene, including Ellen's two laptops and cell phone.

"Right then and there, that negates that chain of evidence," Brennan said. "That adversely impacts the chain of evidence on those devices so that anything that's discovered on those devices can be challenged in court."

Brennan claims the Pennsylvania Attorney General's Office promised to provide a forensic analysis of Ellen's laptop, but they never provided the report. The Greenbergs believe the analysis was never done.

Meanwhile, the Attorney General's Office called allegations of new evidence "unfounded" and said they won't reopen the case until "legitimate new evidence is brought forward."

"Ellen’s death is nothing short of a tragedy, and our heart goes out to her family and friends. Her death is unimaginable and admittedly hard to accept, but all of the evidence thoroughly reviewed by our office and the findings of the medical examiner show this was a suicide. Allegations of new evidence have been unfounded. While it is heartbreaking to everyone that our investigation didn’t find the resolution her family wanted in this bizarre and perplexing case, there is nothing more for our office to do until and if legitimate new evidence is brought forward. At this time, no such information has been shared with our office not withstanding our request for interested parties to provide any relevant information."

Public support:

The Greenbergs aren't the only ones who pushed for the case to be reopened. A Change.org petition called "Justice for Ellen Greenberg" gathered over 160,000 signatures and urged the case to be revisited, claiming "top forensic pathologists all agree the case is highly suspicious of murder."

Chester County takeover

More than 10 years after her death, the Chester County District Attorney's Office took over Ellen's case in August 2022."

The entire story can be read at:

https://www.fox29.com/news/ellen-greenberg-former-philadelphia-ada-allowed-to-testify-13-years-after-teachers-death?taid=66227c6ff5549b0001b3a8e3&utm_campaign=trueanthem&utm_medium=trueanthem&utm_source=twitter

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;

—————————————————————————————————
FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-12348801
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Thursday, April 25, 2024

World DNA DAY: Today: April 25, The Innocence Project salutes this important day that commemorates James Watson, Francis Crick, Maurice Wilkins, and Rosalind Franklin’s breakthrough discovery of DNA’s unique double helix structure - while highlighting Barry Scheck and Peter Neufeld's realization that if DNA evidence could be used to convict someone of a crime, it could also be used to prove someone innocent…"To date, the Innocence Project has used DNA to help exonerate 202 people of crimes they did not commit, 20 of whom were scheduled for execution." (Check out the two cases cited by The Innocence Project uses to make its point: Cornelius Dupree and Michelle Murphy.)

RELEASE: Innocence Project: April 25, 2024: 'World DNA Day:

GIST: "Today is World DNA Day, a day that commemorates James Watson, Francis Crick, Maurice Wilkins, and Rosalind Franklin’s breakthrough discovery of DNA’s unique double helix structure.

DNA — or deoxyribonucleic acid — is in every cell of every living organism and contains the “blueprint” for building and maintaining living beings. Though humans share 99.9% of their DNA with one another, the 0.1% of DNA that varies from person to person can tell us a lot about each individual.

This revelation played a huge part in establishing the Innocence Project as a legal clinic at the Benjamin N. Cardozo School of Law more than 30 years ago.

Barry Scheck and Peter Neufeld, who met as public defenders at the Bronx Legal Aid Society, realized that if DNA evidence could be used to convict someone of a crime, it could also be used to prove someone innocent. To date, the Innocence Project has used DNA to help exonerate 202 people of crimes they did not commit, 20 of whom were scheduled for execution.

As we recognize this major discovery in genetics today, we want to tell the stories of two wrongly convicted people who were exonerated using DNA testing to remind us of its profound impact on overcoming injustice in the criminal legal system.

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Cornelius Dupree: 30 Years After My Wrongful Conviction, DNA Testing Set Me Free

In November of 1979, Cornelius was a typical 19 year old living at home with his mom when his life took an unexpected and harsh turn. A week after a young couple was attacked outside of a Dallas liquor store, Cornelius and his friend Anthony Massingill were falsely charged with robbery and rape. Throughout the whole process he maintained his innocence — but because of flawed eyewitness testimony and a system plagued by prejudice and presumption of guilt, he was convicted of robbery. The rape charge was thrown out. Cornelius spent three decades in prison, working relentlessly on his case, studying law books in the library. He eventually realized that the DNA evidence linked to that rape would ultimately set him free, and so he wrote to the Innocence Project in the early 1990s. With the help of our legal team, DNA analysis conclusively proved what Cornelius had known all along — he was innocent.

Please take a moment today to read more about Cornelius’ case and why DNA holds the key to a future where innocence triumphs over

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The entire release can be read at:

injustice.https://mail.google.com/mail/u/0/#inbox/FMfcgzGxStrhLLVKnlKhjBjjVBzCDlzh

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Michelle Murphy: I Served 20 Years In Prison For My Son’s Murder — Until DNA Testing Proved My Innocence

Michelle Murphy is one of 15 women exonerated in the United States with the help of DNA, and the first woman in the state of Oklahoma. In 1994, Michelle was a 17-year-old mother of two young children when she woke up to find her 15-week-old baby in the kitchen, stabbed to death. She immediately ran to a neighbor’s house and called the police. Detectives interrogated Michelle for hours, without an attorney or family member present, while she was grieving the devastating loss of her son, and they eventually coerced her into falsely claiming that she accidentally killed him. Michelle was convicted of murdering her son and sentenced to life-without-parole. Despite many setbacks and betrayals, Michelle never gave up hope, and in 2014, DNA testing of crime scene evidence pointed to an unknown male as the real perpetrator. And exactly 20 years after her son’s murder, Michelle was finally exonerated.

On World DNA Day, read more about Michelle’s case and hear her thoughts on the immense impact DNA has on the pursuit of truth and justice.

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;

—————————————————————————————————
FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
————————————————————————————

YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-12348801

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Wayne Burgess: Tennessee: Major (Welcome) Development: A disgraced former medical examiner Charles Harlan case: As Evan Mealins reports in The Tennessean, this innocent man, who was wrongfully imprisoned 24 years on the testimony of disgraced former medical examiner Harlan, has filed a lawsuit against the county, city and police officers that investigated and prosecuted him…"Burgess, 59, was released from prison in May last year after a Giles County judge overturned the first-degree murder conviction he received in 1999, which was reached in large part due to the flawed testimony of former medical examiner Charles Harlan. Judge David L. Allen found that new scientific evidence showed Burgess was innocent of the 1997 death of his then-girlfriend's daughter. On April 12, Burgess filed a federal lawsuit against Giles County, the Pulaski Police Department and Joel Robison and John Dickey, the two officers he says illegally coerced a confession from him. Dickey is now the police chief of Pulaski. "As a result of this wrongful conviction Wayne spent an unimaginable 24 years in prison, unjustly plucked from society in the prime of his life," the lawsuit states."

PASSAGE ONE OF THE DAY: "On Aug. 8, 1997, 16-month-old Nakeavia Rivers was rushed to the hospital minutes after she began showing signs of sickness. She died the same day from significant internal bleeding caused by a liver injury. Police questioned Burgess, who was dating the child's mother, and he maintained his innocence. But after a second two-hour interview five days after the child's death, during which officers threatened Burgess, physically stopped him from leaving the interrogation and "indicated (he) could not afford counsel and denied him counsel," Burgess signed a written confession, according to the lawsuit. Giles County chose Harlan to perform the child's autopsy, despite his being suspended and terminated from other positions in the state, including as Tennessee's chief medical examiner, based on critical problems with his work. The lawsuit describes Harlan as "the scum Defendants used to shore up Mr. Burgess’ coerced confession and continue to maliciously prosecute him."

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PASSAGE TWO OF THE DAY: "In September 2022, lawyers with the Tennessee Innocence Project filed a petition to review his case. Several medical professionals testified that Harlan's theory of the case, used to convict Burgess, was scientifically impossible.

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STORY: "Wayne Burgess, conviction overturned, sues Pulaski police, Giles County," by Justice Reporter Evan Mealins, published by 'The Tennessean', on April 23, 2024.

GIST: "Wayne Burgess, a man wrongfully imprisoned 24 years on the testimony of a disgraced medical examiner, has filed a lawsuit against the county, city and police officers that investigated and prosecuted him.

Burgess, 59, was released from prison in May last year after a Giles County judge overturned the first-degree murder conviction he received in 1999, which was reached in large part due to the flawed testimony of former medical examiner Charles Harlan. Judge David L. Allen found that new scientific evidence showed Burgess was innocent of the 1997 death of his then-girlfriend's daughter.

On April 12, Burgess filed a federal lawsuit against Giles County, the Pulaski Police Department and Joel Robison and John Dickey, the two officers he says illegally coerced a confession from him. Dickey is now the police chief of Pulaski.

"As a result of this wrongful conviction Wayne spent an unimaginable 24 years in prison, unjustly plucked from society in the prime of his life," the lawsuit states.

Burgess is seeking compensation from the defendants in an amount to be determined at trial, but he asks that the amount exceed the limits of lower courts. Burgess' attorney John Morris said money awarded through the lawsuit would allow Burgess to live more independently following nearly a quarter century of incarceration.

"I think that's the least the system owes him for stealing 24 years of his life from him," Morris said. He said Burgess is a kind-hearted man and does not hold animus toward the system.

People who are exonerated or pardoned can submit a claim to the Tennessee Department of Treasury, although state law caps the amount paid out at $1 million.

Burgess has not yet filed a claim, treasury department communications director Shelli King said. Morris explained that before Burgess will be able to submit a claim, he must first be exonerated by the governor. To begin that process he must submit paperwork to the Tennessee Board of Parole.

On Aug. 8, 1997, 16-month-old Nakeavia Rivers was rushed to the hospital minutes after she began showing signs of sickness. She died the same day from significant internal bleeding caused by a liver injury.

Police questioned Burgess, who was dating the child's mother, and he maintained his innocence. But after a second two-hour interview five days after the child's death, during which officers threatened Burgess, physically stopped him from leaving the interrogation and "indicated (he) could not afford counsel and denied him counsel," Burgess signed a written confession, according to the lawsuit.

Giles County chose Harlan to perform the child's autopsy, despite his being suspended and terminated from other positions in the state, including as Tennessee's chief medical examiner, based on critical problems with his work. The lawsuit describes Harlan as "the scum Defendants used to shore up Mr. Burgess’ coerced confession and continue to maliciously prosecute him."

In September 2022, lawyers with the Tennessee Innocence Project filed a petition to review his case. Several medical professionals testified that Harlan's theory of the case, used to convict Burgess, was scientifically impossible.

Burgess' conviction was overturned on April 13, 2023, and he was released from prison on May 23, 2023. The state chose not to prosecute him again on July 25, 2023, according to an employee at the Giles County Circuit Court Clerk's office.

Harlan lost his medical license for good in 2005. He died in 2013.

Giles County Executive Graham Stowe said the county does not yet have a response because it was only served with the lawsuit on Monday.

A lieutenant at the Pulaski Police Department did not return The Tennessean's voicemail left Monday seeking comment, and the person who answered the phone said that Dickey was not available for comment. A voicemail was left Monday with a phone number believed to belong to Robison found through an online database.

This story was updated April 23, 2024 at 4 p.m. with comment from Morris, Burgess' attorney. Parts of the story regarding potential payments from local governments and deadlines for Burgess to submit a claim to the Tennessee Department of Treasury were edited following clarification from Morris.

The entire story can be read at:

https://www.tennessean.com/story/news/2024/04/23/wayne-burgess-murder-conviction-overturned-sues-pulaski-police-giles-county/73412940007/

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READ NATIONAL REGISTRY OF EXONERATIONS ENTRY IN ITS ENTIRETY AT THE LINK BELOW: (It's lengthy, but worth the read! Here is a portion of the entry that relates to disgraced former medical examiner Charles Harlans role in the wrongful conviction. It's by Maurice Possley:

GIST: "In September 2022, Tennessee Innocence Project attorneys Jason Gichner and Jessica Van Dyke filed a motion for post-conviction relief. The petition cited new medical evidence from four experts to support the petition:

Dr. Adele M. Lewis, chief medical examiner for the state of Tennessee, reviewed the autopsy report and concluded that based on the amount of blood found in the child, it was “physiologically impossible” for Nakeavia to “suddenly, in a matter of minutes (the supposed time between injury and the onset of unresponsiveness in this case), internally bleed twice their total blood volume…Instead it is more likely that the child sustained the lethal injury hours or even days” before she arrived at hospital.

Dr. Thomas P. Rauth, a pediatric surgeon, said that the injury that Dr. Harlan said was a “fairly significant laceration” was in fact “a low grade, superficial non-penetrating injury.” Nearly 100 percent of these types of injuries are treated without a surgical procedure, Dr. Rauth said. The rate of blood loss is so slow that the body’s natural clotting system usually stops the bleeding, he said. Dr. Rauth said Nakeavia likely died from “severe hypovolemia,” a condition where the body loses a significant amount of fluid or blood which causes the organs to stop functioning and shut down. The girl died because of some prior trauma for which she did not get treatment.

Dr. Brandon Baughman, a neuropsychologist, conducted cognitive testing on Burgess and concluded that his full-scale IQ was 69, placing Burgess in the second percentile. The petition noted that Burgess had been mischaracterized as a B or C student. Had his defense lawyers obtained Burgess’s academic records, they would have seen that in his junior and senior years of high school, Burgess received nine Fs, three Ds, two Cs, and two As [both of these were in physical education]. His college transcript showed he took 11 classes worth 34 hours of credit. He received 5 Fs, two Ds, one C, two C minuses, and one A [in conditioning exercises.].

Dr. Brian L. Cutler, an expert in forensic psychology and false confessions, reviewed the evidence and concluded that Burgess was susceptible to making a false confession, in particular since he was threatened with violence during the interrogation.

The petition cited in painstaking detail the history of Dr. Harlan and how intense investigative scrutiny and disciplinary hearings had revealed bizarre and unsettling findings. In May 2005, following two years of hearings, the State of Tennessee permanently revoked Harlan’s medical license, citing 20 counts of misconduct while serving as Medical Examiner. This was a highly unusual action. Denise McNally, then-director of the National Association of Medical Examiners, remarked “I’ve been doing it 26 years, and I haven’t had a member yet have their license revoked."

The Board of Medical Licensure based its revocation on findings that Harlan had been guilty of five instances of unprofessional conduct, three instances of dishonest conduct, two instances of making false statements, eight instances of negligence, one instance of fraud or deceit involving medical practice, one instance of signing a certificate known to be false, two instances of malpractice, and five instances of incompetence.

The facts bordered on ghoulish: Harlan once replied to a bank’s request for proof of a client’s death that "M.L. is dead. She is green and has maggots crawling on her." In another case, a tenant renting a house from Harlan discovered body parts in a jar and tissue samples in a chocolate box. Harlan’s wife, Gretel, also a pathologist, once explained while testifying that the tissue samples belonged to her two pet dogs upon whom she had performed an autopsy.

In 1993, Davidson County Medical Examiner, Dr. Julia Goodin, had prohibited her office from conducting private autopsies, which had caused a backlog of autopsy cases. Charles Harlan violated this policy and performed private autopsies without permission, for which he was suspended without pay. In 1995, Harlan was barred from the Tennessee Bureau of Investigations crime laboratory and his contract as state medical examiner was terminated, although he retained private contracts with various Tennessee counties.

The petition noted that Harlan had falsified an autopsy report in the 2001 case of James Suttle, who had been accused of first-degree murder. Suttle claimed his cousin, Stevie Hobbs, had suffered a seizure and fallen through a glass table, but Dr. Harlan insisted that Hobbs had been stabbed to death, opining that the stab wounds had occurred shortly before death. Forensic expert Dr. Bill Bass proved that Dr. Harlan's theory was false—the murder weapon would have had to turn at a right angle inside Hobbs's body, a medical impossibility which set Suttle free. This sparked a review of Dr. Harlan's cases that revealed serious misconduct, including:

—Dr. Harlan had falsely identified a body as belonging to an escaped convict, Bruce Allen Littleton, who was discovered alive two years later in connection with another crime.

—Dr. Harlan also determined that two children had died of SIDS when, in fact, a parent had murdered them.

—Dr. Harlan listed a 10-year-old 's cause of death as natural when the child weighed only 18 pounds, a clear case of neglect.

—Dr. Harlan also allowed his dog into the autopsy room on one occasion; the dog consumed some of the remains of a murder victim.

A hearing on the petition was held in March 2023. On April 13, 2023, Giles County Circuit Court Judge David Allen granted the petition and vacated Burgess’s conviction.

https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=6634

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Friday, April 26, 2024

Thursday, April 25, 2024

Cornelius Dupree: 30 Years After My Wrongful Conviction, DNA Testing Set Me Free

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