Tuesday, May 21, 2024

Julian Washington; Bermuda: 'Death Penalty Project' based in the UK calls for an independent review of all cases in forensic scientist Candy Zuleger, of Florida-based Trinity DNA Solutions, gave expert evidence, the Royal Gazette (Reporter Sam Strangeways) reports… "An independent review is needed to determine if flawed DNA evidence was used in criminal trials in Bermuda between 2007 and 2016, according to the head of a British charity. Parvais Jabbar told The Royal Gazette that an internal review of more than 400 cases — already embarked on by the Department of Public Prosecutions, after a miscarriage of justice was discovered in the murder conviction of Julian Washington — was not enough. The co-executive director of the Death Penalty Project, based at UK law firm Simons Muirhead Burton, said there would “need to be a review of all the cases” in which forensic scientist Candy Zuleger, of Florida-based Trinity DNA Solutions, gave expert evidence, and it should be done by an independent commission."


QUOTE OF THE DAY: "“Our concern is that people have been convicted based on DNA evidence, specifically indistinguishable DNA mixtures, evidence which should never have been admitted at trial,” said Mr Jabbar. “If you convict somebody on the basis of this, that raises serious concerns about the possibility of a wrongful conviction.”


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PASSAGE ONE OF THE DAY: "Mr Washington was convicted in 2014 of the gun murder of Stefan Burgess and attempted murder of Davano Brimmer, after prosecution witness Ms Zuleger told his Supreme Court trial that there was a 1-in-46 million chance that he was not a possible contributor to DNA found on bullet casings near the murder scene. The 34-year-old, who was jailed for life, has always protested his innocence and a hearing was due to take place before Bermuda’s highest court of appeal next month, when his legal team was to argue that Ms Zuleger’s evidence was inaccurate and should not have been placed before the jury.

He was released from Westgate on May 3 after the Crown decided not to contest the case, instead inviting the board of the Privy Council in London to allow the appeal, quash all the counts on the indictment, and order that there be no new trial."

PASSAGE TWO OF THE DAY: "Cindy Clarke, the Director of Public Prosecutions, said she accepted there was a “miscarriage of justice in his case with respect to the DNA evidence”. She explained this month: “The DNA evidence in that case was undermined by the lack of policies and procedures in place at the time for the specific typing and analysis that was relied upon at his trial.” Ms Clarke said she had “ … directed that an immediate review commence of all matters which may be affected by the DNA issues raised in the Washington appeal”. She added: “To date, over 400 matters have been reviewed. Three have been brought to my attention and none of those matters had been approved for prosecution."


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STORY" "Call for independent review of DNA cases, by Reporter Sam Strangeways, published by The Royal Gazette, on May 17, 2024."


GIST: "An independent review is needed to determine if flawed DNA evidence was used in criminal trials in Bermuda between 2007 and 2016, according to the head of a British charity.

Parvais Jabbar told The Royal Gazette that an internal review of more than 400 cases — already embarked on by the Department of Public Prosecutions, after a miscarriage of justice was discovered in the murder conviction of Julian Washington — was not enough.

The co-executive director of the Death Penalty Project, based at UK law firm Simons Muirhead Burton, said there would “need to be a review of all the cases” in which forensic scientist Candy Zuleger, of Florida-based Trinity DNA Solutions, gave expert evidence, and it should be done by an independent commission.

“Our concern is that people have been convicted based on DNA evidence, specifically indistinguishable DNA mixtures, evidence which should never have been admitted at trial,” said Mr Jabbar.

“If you convict somebody on the basis of this, that raises serious concerns about the possibility of a wrongful conviction.”

Mr Jabbar’s call for an independent commission was backed by the Bermuda Equal Justice Initiative, which said in a statement: “Julian’s release marks a significant victory for justice, yet it raises profound questions about the depth of injustice in our criminal justice system.”

The local campaign group claimed that anything less than an independent commission of inquiry would “shatter the public’s confidence in the legitimacy of our criminal justice system”.

Mr Washington was convicted in 2014 of the gun murder of Stefan Burgess and attempted murder of Davano Brimmer, after prosecution witness Ms Zuleger told his Supreme Court trial that there was a 1-in-46 million chance that he was not a possible contributor to DNA found on bullet casings near the murder scene.

The 34-year-old, who was jailed for life, has always protested his innocence and a hearing was due to take place before Bermuda’s highest court of appeal next month, when his legal team was to argue that Ms Zuleger’s evidence was inaccurate and should not have been placed before the jury.

He was released from Westgate on May 3 after the Crown decided not to contest the case, instead inviting the board of the Privy Council in London to allow the appeal, quash all the counts on the indictment, and order that there be no retrial.

Cindy Clarke, the Director of Public Prosecutions, said she accepted there was a “miscarriage of justice in his case with respect to the DNA evidence”.

She explained this month: “The DNA evidence in that case was undermined by the lack of policies and procedures in place at the time for the specific typing and analysis that was relied upon at his trial.”

Ms Clarke said she had "directed that an immediate review commence of all matters which may be affected by the DNA issues raised in the Washington appeal”.

She added: “To date, over 400 matters have been reviewed. Three have been brought to my attention and none of those matters had been approved for prosecution.”

The Death Penalty Project, which was helping Mr Washington with his appeal, relied on the expert opinion of Dan Krane, a professor of biological sciences at Wright State University in Ohio, who concluded it would have been more appropriate to characterise the testing of the casing as “inconclusive” and exclude the evidence against Mr Washington entirely.

Mr Jabbar said that the May 8 Gazette article quoting the DPP was the “first I have heard about the DPP’s position”.

He said it was not sufficient or appropriate for the Department of Public Prosecutions to review its own work to see if there were other cases when Ms Zuleger may have given inaccurate DNA evidence that led to criminal convictions.

“It could have really wide implications because obviously [flawed DNA evidence] should never be used at the trial level,” he said.

“Right now, in Bermuda, there should be some serious concerns about whether this evidence has been used in other matters.”

His legal charity is also working on other Privy Council appeals in which DNA evidence might be critical, including that of Jeremiah Dill, who was found guilty of the murder of Perry Puckerin and sentenced to 35 years behind bars in 2018.

Mr Jabbar said any defendant convicted of a crime after Ms Zuleger gave DNA evidence at their trial, or carried out analysis, would likely want to take legal advice and counsel should be appointed to advise them.

He added: “This case has implications both in terms of Bermuda but also in other countries where this expert and the protocol they employed has been used, such as Cayman, the Bahamas and parts of the United States.“

Ms Zuleger was given a contract worth almost $1 million in 2009 by the Bermuda Police Service to set up the island’s first DNA database.

The BEJI said: “The question must be asked: what is the BPS now doing to ensure that the database is accurate?”

Darrin Simons, the Commissioner of Police, did not answer questions about the database or how many contracts Ms Zuleger had with the BPS.

In a response provided last week, he said: “I respect the decision of the Judicial Committee of the Privy Council, which resulted in the release of Julian Washington.

“Up until 2016, Trinity DNA Solutions provided DNA analysis of crime scene evidence and relevant expert witness testimony locally.

“The issues that led to the Privy Council ruling relate to the methodology used regarding testing of DNA found on bullet casings in the Stefan Burgess murder trial and how the conclusions, based on that analysis, were presented to the jury.”

A police spokesman said yesterday: “The Director of Public Prosecutions has already addressed the matter regarding a review of relevant cases, which has been completed.”

There was no response by press time to an e-mailed request for comment from the Chief Justice or the Attorney-General. It was not possible to reach Ms Zuleger."

The entire story can be read at:

https://www.royalgazette.com/crime/news/article/20240517/call-for-independent-review-of-dna-cases/

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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Monday, May 20, 2024

Robert Roberson Texas: Keith Findley, founder of the Center for Integrity in Forensic Sciences and co-founder of the Wisconsin Innocence Project, explains why "We can't let discredited science lead to a Texan's execution," in The Austin American-Statesman…"Ten years ago, Texas passed a law creating a “junk science” writ. This law allows people to challenge convictions based on false science or science that has been discredited since their trial. But the law isn’t working as it should. Robert Roberson is Exhibit A for how innocent people can still fall through the cracks – and even face execution. If the Texas Court of Criminal Appeals (CCA) doesn’t take another look at Mr. Roberson’s case, he could become the first person in the nation executed based on the debunked shaken baby hypothesis."


PASSAGE ONE OF THE DAY:  "Despite the new law, the post-conviction court disregarded the unrebutted scientific and medical evidence showing that Nikki died of natural and accidental causes, not murder. In 2016, the CCA stayed Mr. Roberson’s execution and sent the case back to the trial court. Finally, in 2021, a multi-day evidentiary hearing was held, with six highly qualified expert witnesses testifying about the change in scientific understanding and the natural and accidental causes that explained his daughter’s death.  The experts showed that the combination of Nikki’s undiagnosed pneumonia, the medications she was prescribed, and her accidental fall entirely explained her condition."


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PASSAGE TWO OF THE DAY: "Stunningly, the lead detective, Brian Wharton, who investigated Mr. Roberson’s case and testified against him at trial, testified before the post-conviction court that he had come to believe that justice had not been served. Despite all this, and even though Mr. Roberson’s attorneys submitted a comprehensive proposal inventorying all of the new evidence, the court accepted the prosecution’s skeletal proposal that largely repeated the false science that was put before the jury in 2003, as if the evidentiary hearing had not happened."

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COMMENTARY: "We can't let discredited science lead to a Texan's execution," by Keith Findley, published on May 16, 2024,  by The Austin American-Statesman. (Findley is the founder of the Center for Integrity in Forensic Sciences and co-founder of the Wisconsin Innocence Project. A former law professor at the University of Wisconsin, he is an editor of “Shaken Baby Syndrome: Investigating the Abusive Head Trauma Controversy,” Cambridge University Press 2023.)


SUB-HEADING: "Robert Roberson could become the first person in the U.S. to be executed due to the discredited Shaken Baby Hypothesis."


GIST: "Ten years ago, Texas passed a law creating a “junk science” writ. This law allows people to challenge convictions based on false science or science that has been discredited since their trial.

But the law isn’t working as it should. Robert Roberson is Exhibit A for how innocent people can still fall through the cracks – and even face execution. If the Texas Court of Criminal Appeals (CCA) doesn’t take another look at Mr. Roberson’s case, he could become the first person in the nation executed based on the debunked shaken baby hypothesis.

Mr. Roberson had a two-year-old daughter, Nikki, who was chronically ill. In 2002, she had a high fever and undiagnosed pneumonia. She was prescribed medications that we now know are too dangerous for children her age and in her condition. She then suffered a fall out of bed. After falling back to sleep, she did not wake up again.

When Mr. Roberson took Nikki to the hospital, he had trouble explaining her condition. A special education student, who had dropped out of school after the ninth grade and who had undiagnosed autism, he could not answer the hospital staff’s questions. And the hospital staff thought his reactions to his daughter’s condition showed a lack of emotion, when it was simply non-neurotypical, a symptom of his autism. 

Sadly, Nikki could not be revived. One doctor, who knew nothing about the child’s medical history and recent illness, had a preliminary hunch that the child had been shaken to death, and the controversial shaken baby hypothesis was used to arrest Mr. Roberson, even before the autopsy.


Back then, the consensus in the medical community was that a child who presented with Nikki’s three symptoms – bleeding outside the brain, brain swelling, and bleeding in the eyes – could only have died of violent shaking or of shaking plus impact against a blunt surface. Over the past 20 years, each premise of the shaken baby dogma has been discredited by evidence-based science.

This is where Texas’s junk science writ should have come to Mr. Roberson’s aid and exonerated him. But it didn’t. Despite the new law, the post-conviction court disregarded the unrebutted scientific and medical evidence showing that Nikki died of natural and accidental causes, not murder.


In 2016, the CCA stayed Mr. Roberson’s execution and sent the case back to the trial court. Finally, in 2021, a multi-day evidentiary hearing was held, with six highly qualified expert witnesses testifying about the change in scientific understanding and the natural and accidental causes that explained his daughter’s death. 

The experts showed that the combination of Nikki’s undiagnosed pneumonia, the medications she was prescribed, and her accidental fall entirely explained her condition.


Stunningly, the lead detective, Brian Wharton, who investigated Mr. Roberson’s case and testified against him at trial, testified before the post-conviction court that he had come to believe that justice had not been served. Despite all this, and even though Mr. Roberson’s attorneys submitted a comprehensive proposal inventorying all of the new evidence, the court accepted the prosecution’s skeletal proposal that largely repeated the false science that was put before the jury in 2003, as if the evidentiary hearing had not happened.

Since 1992, at least 32 parents and caregivers in 18 states have been exonerated after being wrongfully convicted under the shaken baby hypothesis. In fact, another case is pending before the CCA, Ex parte Roake, where the state has conceded the falsity of nearly identical shaken baby testimony by the same child abuse expert who testified against Mr. Roberson.

Mr. Roberson’s conviction was built on a false science sandcastle. It has since been washed away. The CCA must intervene. We can’t allow this innocent father to be executed in our names."

The entire commentary can be read at: 

https://www.statesman.com/story/opinion/columns/guest/2024/05/16/texas-law-junk-science-false-trial-execution/73685547007/

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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Sunday, May 19, 2024

Shawn Fuller: Scottsdale Arizona: Major (Welcome) Development: From our 'Dirty tricks' department: Driving while under the influence (DUI) charges: Concealing negative blood tests from the fondant: 'AZ Family' reports that a jury has awarded $5 million for wrongful termination to Shawn Fuller, the prosecutor who was fired after revealing that 9 Scottsdale DUI cases where defendants’ blood tests came back negative for drugs and alcohol, but they weren’t made aware of their results…."He says those nine people pleaded guilty even though the tests cleared them. DUI attorney Lawrence Koplow, who was in the courtroom during this trial, tells Arizona’s Family that he believes the jury made the right call based on the evidence. Koplow, who was not involved in this case, says what was revealed in this civil lawsuit should be a glaring red flag for the people of Scottsdale. “Some of these people were sentenced. Some of these people went to jail,” Koplow said. He says the trial showed the allegations of harassment and gender discrimination against Fuller were vague at best and pointed to the timing of his termination as suspicious."


PUBLISHER'S NOTE:  Kudos to Mr. Fuller for risking his livelihood for principle - and for truly acting as an officer of the court. We could use more like him! 

Harold Levy: Publisher: The Charles Smith Blog.

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PASSAGE OF THE DAY: "“They found nine cases. Then Shawn, rightfully, says we can’t stop at five years,” Koplow said. Upon finding the results, Fuller wanted to go back to see who else this may have happened to. But before he could do that, Fuller’s attorney says that he had been fired for harassment. The jury found he was wrongfully terminated and did not harass any coworkers. Koplow says it was clear the jury found the timing suspicious. “Does one need to go to law school to put two and two together? I don’t think so. And also, why hasn’t the City of Scottsdale gone back since then. I mean obviously they don’t want the answer,” Koplow said.

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STORY: "Jury awards former Scottsdale City Prosecutor 5 million after wrongful termination," by Reporter Sarah Robinson, published by AZ Family, on May 16, 2024.

GIST: "A jury awarded a former City of Scottsdale prosecutor more than $5 million.


The jury found that Shawn Fuller was wrongfully terminated by the city in 2020 after being falsely accused of gender discrimination. His lawyer says Fuller’s firing happened while auditing Scottsdale’s DUI case management.

Fuller says he found nine Scottsdale DUI cases where defendants’ blood tests came back negative for drugs and alcohol, but they weren’t made aware of their results.

He says those nine people pleaded guilty even though the tests cleared them.

DUI attorney Lawrence Koplow, who was in the courtroom during this trial, tells Arizona’s Family that he believes the jury made the right call based on the evidence. 

Koplow, who was not involved in this case, says what was revealed in this civil lawsuit should be a glaring red flag for the people of Scottsdale.

“Some of these people were sentenced. Some of these people went to jail,” Koplow said.

He says the trial showed the allegations of harassment and gender discrimination against Fuller were vague at best and pointed to the timing of his termination as suspicious.

The City of Scottsdale disagrees.


Scottsdale hired Fuller as a city prosecutor in 2019 but was fired three months later. Court documents show that when starting with the city, Fuller was allegedly made aware of a rumor and began an audit.

“The rumor was that the office was not disclosing exculpatory lab reports to defendants in DUI cases,” said Joshua Carden, Fuller’s attorney.

Fuller’s five-year audit also found that allegedly city paralegals—not attorneys—were showing up to arraignments for DUIs

Koplow says paralegals cannot represent people charged with crimes or offer legal advice. He says this is a severe ethics violation, and that’s not all.

“But it’s not every person. It’s usually unrepresented people. It’s usually people who don’t have the money to hire private counsel,” Koplow said.

The lawsuit claims those represented by the paralegals would plead guilty despite not having a positive drug test, which Koplow says is typically the primary evidence used in these cases.

“They found nine cases. Then Shawn, rightfully, says we can’t stop at five years,” Koplow said.

Upon finding the results, Fuller wanted to go back to see who else this may have happened to.

But before he could do that, Fuller’s attorney says that he had been fired for harassment. The jury found he was wrongfully terminated and did not harass any coworkers.

Koplow says it was clear the jury found the timing suspicious.

“Does one need to go to law school to put two and two together? I don’t think so. And also, why hasn’t the City of Scottsdale gone back since then. I mean obviously they don’t want the answer,” Koplow said.

The City of Scottsdale provided this statement on the lawsuit:


“The City of Scottsdale is incredibly disappointed by the jury verdict in this case and will appeal. The city categorically denies any wrongdoing. During his three months of at-will employment, Mr. Fuller’s conduct generated numerous complaints from different staff who worked in his office. An outside independent investigator sustained several allegations of misconduct in violation of city administrative regulation. As a result, his employment was terminated. The independent investigator’s report was produced, as Arizona law requires, pursuant to a public records request. The city knows it acted appropriately in this employment matter, and is confident that this ruling will be successfully appealed.”


The entire story can be read at:


https://www.azfamily.com/2024/05/16/jury-awards-former-scottsdale-city-prosecutor-5-million-after-wrongful-termination/


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


---------------------------------------------------------------


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

——————————————————————————— 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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