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Pedro Hernandez: New York; False confession case (5); Bulletin: Wall Street Journal; (Reporter Thomas Macmillan; December 4, 2016)..."In Patz case, prosecution Is set to rest; defense expected to begin Monday (December 5, 2016); Hernandez is accused of killing 6-year-old Etan Patz in 1979," Wall Street Journal reports..."Prosecutors were taking advantage of a last opportunity to replay a central piece of evidence, one that jurors have already seen several times: Videotaped confessions by Mr. Hernandez. Prosecutors have played those videos more often than in the previous trial against Mr. Hernandez, which ended in a mistrial after jurors failed to reach consensus. One holdout juror refused to agree with 11 who voted to convict."..." Defense lawyers argue that Mr. Hernandez’s confessions were false, made after hours of aggressive police interrogation. They say their client was susceptible to manipulation because of an abnormally low IQ and a mental illness that impedes him from distinguishing fact from fiction. In a case with no physical evidence, prosecutors want to show the confession as much as possible, said Richard Klein, a law professor at Touro College. “To the extent that they can have those jurors hear in Hernandez’s own words what he did, that’s the strength of their case.”

Next: G. Michelle Yezzo; James Ferguson; Columbus Dispatch editorial: "Crime labs needs oversight; Forensic science has been sloppy."..."Forensic science is under attack as highly flawed, according to a recent Dispatch article. A lack of standards, training and verification of results is partly to blame. Other times, scientists appear to go rogue, helping police build their case by favorably interpreting evidence or fabricating results."..."Take the case of G. Michele Yezzo, whose 32 years of specialized work at the Ohio Bureau of Criminal Investigation is being questioned — seven years after she retired. A statewide task force of justice groups and defense lawyers last month launched a sweeping review of all Yezzo-related convictions, despite no problems being found during an internal review by Ohio Attorney General Mike DeWine. Regardless of their findings, this controversy underscores a broader debate over the quality of forensic science: Yezzo conducted her analysis of evidence without much oversight. Her reports summarizing findings were reviewed by supervisors, but her actual work, methods and conclusions rarely were checked. And her work went unquestioned even as red flags were raised about her mental stability; for example, records show she was accused of saying she’d shoot her co-workers and herself. Yezzo isn’t the only forensic scientist to fall under scrutiny. In Franklin County, the coroner’s office chief toxicologist from 1977 to 2003, James Ferguson, lied about his academic credentials; his testimony was key to the homicide conviction of a young mother and nurse, whose husband overdosed on drugs. She’d spent 20 years in prison before Ferguson’s dishonesty was discovered."
Previous: Anthony Ray Hinton: Alabama: (Flawed ballistics 'evidence.'): South African commentator Ruth Hopkins cites his case as she concludes - in an article headed 'Capital punishment: A thin line between life and death,' that, "The deadly margin of error in death penalty cases should come as a salutary warning to those wanting to reinstate capital punishment in South Africa."..."The reason I didn’t kill myself was because of my imagination,” says the 59-year-old Hinton who in 1985 was arrested and convicted for a double murder he never committed. Hinton lives in the same house where one sunny day, 31 years ago, he was mowing the lawn. Two white police officers appeared in the driveway. “They asked me if I was Anthony Ray Hinton. When I confirmed they said they were there to arrest me. For what? I said, before they handcuffed me,” Hinton remembers. It’s a sunny day when I visit him, birds twitter in the garden, which borders on woody undulating fields. Quinton, the small village close to Birmingham where Hinton lives, is remote and rural. The only traffic is a pick-up truck and a tractor that pass by on the dirt road. The two white cops took the then 29- year-old Hinton, the last-born son in a family of 10 kids, to the police station. “In the car on the way there they asked me if my mother owned a gun. I told them that my mom did indeed keep an old pistol under her mattress.” What Hinton didn’t know at the time was that the police were desperate to solve three armed robberies on fast-food restaurants in Birmingham. Two white men had been killed but the third had survived the attack. He told the police that a light-skinned black man with a beard had committed the robbery. “I’m a light-skinned black man with a beard and someone must have mentioned my name,” Hinton says. “There was no further evidence: no fingerprints, no eyewitnesses. Nothing.” During the trial, his mother’s pistol was presented as evidence. The prosecutor in the case, Bob McGregor, who died in 2010, wrote in his self-published memoir, Whiskey Bent and Hell Bound, that Hinton was “evil personified”, a “rat bastard” and “a sociopath with a glare as steady and cold as the polar ice”. McGregor had a ballistics expert testify before court that the bullets found at the crime scene matched the Hinton’s mother’s gun. “I knew he was lying,” Hinton recalls. It took three decades before that lie – the only tangible proof in the case – was debunked, which set in motion Hinton’s release. His Legal Aid lawyer did not contest the evidence and casually disregarded Hinton’s claim to innocence by saying, “Y’all always say you’re innocent.” When an entirely white jury found him guilty of double homicide and attempted murder, everyone knew what the sentence would be."..."In 1995, Hinton was struggling to find a lawyer who believed in his innocence. Until he saw Bryan Stevenson on TV. “I knew immediately: I need this guy. I wrote him a letter. Stevenson and his organisation, the Equal Justice Initiative (EJI), literally saved my life.” Stevenson was convinced of Hinton’s innocence and the first thing he did was arrange for an independent ballistics expert who analysed the bullets and the gun. Eventually, the case came before the Supreme Court of Appeal and that institution decided, based on the lack of any ballistic evidence, that Hinton was entitled to a retrial. Attempts to thwart and delay his release were overcome and on April 1, 2015 Hinton was finally a free man."..."Police investigators desperate to solve a crime, an overzealous prosecutor with tunnel vision and a criminal justice system with an obvious racial bias contributed to Hinton’s wrongful conviction. In South Africa, it is not much different. The IRR concluded that the most important reason not to introduce the death penalty is the many errors that are made in the criminal justice system. It is a well-known fact, documented by, among others, the Wits Justice Project that the South African police use torture to extract confessions from suspects. The IRR pointed out that in 2014/2015 the Independent Police Investigating Directorate (IPID) recorded 3,856 complaints of assault or torture against the police. But only 19 criminal officers were convicted in that same year. In the US, the increasing number of wrongful death penalty convictions has led to waning support for capital punishment. A Pew research poll revealed that only 49 % of Americans are in favour of the death penalty for murders, while 42 % oppose it, an all-time low."
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"The prosecution is expected to rest its case Monday in the retrial of Pedro Hernandez, the New Jersey man accused of killing 6-year-old Etan Patz in 1979. Wrapping up last week, prosecutors showed jurors some now-familiar footage: Mr. Hernandez making choking noises as he confessed to the crime, imitating the sound the first-grader allegedly made while he died. “Would that noise be consistent with someone who is beginning to be strangled?” Assistant District Attorney Joan Illuzzi asked Michele Slone, Manhattan’s deputy chief medical examiner, who took the witness stand Thursday. Ms. Slone was one of the final witnesses called by the prosecution after six weeks of testimony. Lawyers for Mr. Hernandez are expected to begin the case for his innocence on Monday. Prosecutors were taking advantage of a last opportunity to replay a central piece of evidence, one that jurors have already seen several times: Videotaped confessions by Mr. Hernandez.  Prosecutors have played those videos more often than in the previous trial against Mr. Hernandez, which ended in a mistrial after jurors failed to reach consensus. One holdout juror refused to agree with 11 who voted to convict. Overall, the prosecution has chosen not to alter its approach significantly since the first trial, calling many of the same witnesses in largely the same order and even using some of the same phrases in opening arguments. But prosecutors have made sure jurors spend more time reviewing footage of Mr. Hernandez explaining how he killed Etan. Those videos have been played by prosecutors during the testimony of at least five different witnesses. Mr. Hernandez’s videotaped statements, made to police in 2012, represent the core of the state’s case against the 55-year-old. Etan disappeared on his way to the school bus on May 25, 1979, and his body was never found. Defense lawyers argue that Mr. Hernandez’s confessions were false, made after hours of aggressive police interrogation. They say their client was susceptible to manipulation because of an abnormally low IQ and a mental illness that impedes him from distinguishing fact from fiction. In a case with no physical evidence, prosecutors want to show the confession as much as possible, said Richard Klein, a law professor at Touro College. “To the extent that they can have those jurors hear in Hernandez’s own words what he did, that’s the strength of their case.”"



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