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Diana Morales: Texas; Austin police DNA lab supervisor: ('Oh, no. Here we go again' department...More grist for our mill as we head into 2017... HL); Her performance reported by The Austin American-Statesman to have "triggered alarm" in a sex assault case..." At one point, minutes before she was set to testify in the May trial, she also had to call another analyst to help her with calculations, prosecutors said. Grunewald and Smith documented their worries, and the district attorney’s office made those memos part of a file of potential witnesses whom they consider unreliable. Yet Morales, whose qualifications to analyze DNA had been questioned by a colleague as far back as 2010, continued working for the Austin Police Department. Only last week, after the American-Statesman revealed how Morales handled the broken freezer and state experts informed the department that they no longer wanted to help retrain her, did officials reassign her from the lab to the department’s records division. The latest revelations come as the scope of the problems inside the troubled lab continue to come into focus, rippling throughout the Travis County criminal justice system."

Next: Freddie Peacock: Rochester, New York; White Elephant Case: Wrongful Convictions Blog exits 2016 with a maddening, all too familiar, story of police misconduct directed against an innocent man; Fabrication of a confession buttressed by mistaken eye-witness identification and perjury. Poster Nancy Petro uses this case as "A case for justice reform in 2017," which teaches many lessons about wrongful convictions..."Judge Telesca explained that, after interrogating Peacock, [Detective John J.] Wernsdorfer [now deceased] typed a report he called an “oral synopsis” which he said contained Peacock’s admissions, such as “I did it,” and “I raped her.” This was the document provided the prosecutor “who relied on it in securing an indictment.” It was also referenced in Wernsdorfer’s trial testimony and in the prosecutor’s trial summation. Peacock never signed this synopsis. In fact, Peacock claimed he never confessed or admitted involvement in the crime. According to the Judge’s ruling in the civil case forty years after the crime, Rochester Police Officer Wayne Markel, who was present during Peacock’s interrogation, conceded under oath that Peacock “never made any admissions during the interrogation.” Instead, he “consistently and adamantly denied raping the victim.” Markel acknowledged that his colleague, Wernsdorfer, “must have fabricated the confession.” Judge Telesca wrote, “…the record permits a reasonable jury to conclude that Wernsdorfer concocted Plaintiff’s confession out of whole cloth.”..." Perhaps recognition that a brutal rapist remained free to victimize others for more than three decades is a motivator to demand better. What’s certain: We as a society can no longer claim ignorance or innocence. Too many lives have been trampled by miscarriages to ignore imperatives to implement best practices in criminal justice procedures…. follow forensic science reform recommendations…properly fund indigent defense…review miscarriages to prevent repeating them, and more."
Previous: Tyrone Noling; Ohio Supreme Court rules that the death row Inmate can appeal denial of DNA testing of evidence in 1990 murder..."The gist of the ruling at hand is this: In non-capital cases, post-conviction requests for DNA testing that have been denied can automatically be appealed. In capital cases, however, that wasn't the case. Noling previously had won the right to have a cigarette butt from the scene of the crime — the murders of Bearnhardt and Cora Hartig — tested for DNA. It didn't match that of Noling. The shell casings and ring boxes, meanwhile, hadn't been tested for DNA despite the fact that two labs in Ohio conduct such tests. In today's decision, the state supreme court ruled the part of a state law allowing automatic appeals for non-capital cases but not for capital cases unconstitutional."
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STORY: "Austin DNA lab leader’s work triggered alarm in sex assault case," by reporters Tony Plohetski and Andrea Ball, published by The Austin American-Statesman on December 15, 2016.

http://www.mystatesman.com/news/crime--law/austin-dna-lab-leader-work-triggered-alarm-sex-assault-case/7Rwn2cGy1781kJesXdcCVJ/

PUBLISHER'S NOTE: I am monitoring this case/issue. 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.

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