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Sherman Brown: Mississippi; Bite: (Case involves work of controversial forensic odontologist Dr. Michael West); Mississippi Supreme Court overturns his three 1993 murder convictions - one of which resulted in a death sentence - in another case that raises questions about the state’s use of questionable bite mark evidence. Associated Press: Reporter Jeff Amy; Published by The Forensic Magazine; 27 October, 2017..."Prosecutors also pointed to a cut on Brown’s wrist, claiming Evangela Boyd had bit him. Dr. Michael West, a forensic odontologist who has testified in many Mississippi criminal cases, determined the cut matched Boyd’s teeth, a conclusion echoed by a second forensic odontologist at the trial. But police had swabbed the inside of Evangela Boyd’s mouth. Tucker Carrington, a lawyer for the Mississippi Innocence Project, said that while DNA tests now show there was male DNA in Boyd’s mouth, it doesn’t match Brown’s DNA. Carrington said this result is more evidence supporting a 2009 report by the National Academy of Sciences that found bite marks could not be used to reliably identify an individual. Carrington, who’s also challenging West’s analysis in an attempt to overturn a death penalty case in Columbus, calls West’s work “nonsense.”

Next: Kirstin Lobato: Nevada; Excellent backgrounder - by reporter Jordan Smith - for Lobato's on-going hearing aimed at a new trial. Story is headed: "In Bizarre Murder Hearing, Prosecutor Argues That Flies in Las Vegas Don’t Like Dead Bodies."..."Lobato has steadfastly maintained her innocence — and there are very good reasons to believe her. None of the physical evidence had tied her to the crime. And she had a solid alibi: She was at Larry and Becki’s house all day on the day of the murder, July 8, 2001, nearly three hours northeast of the city in the small town of Panaca. Indeed, The Intercept’s 2015 investigation into the case revealed shockingly inadequate work by police detectives who ignored Lobato’s alibi and failed to consider strong evidence that implicated a far more likely suspect. The weeklong court hearing will determine, at the very least, if Lobato deserves a new trial. At issue is whether the attorneys who defended her against the murder charge in 2006 were deficient for failing to call forensic experts to challenge the state’s theory of the case — and in particular, the assertion that Bailey was killed sometime before dawn on the day that his body was discovered."
Previous: DNA Series: (7): David Butler; Amanda Knox; Brian Shivers: DNA in the dock: Guardian story: How flawed techniques send innocent people to prison...". “You do see an assumption being made that a DNA profile is evidence of contact – case closed – whereas it is actually a lot more complicated than that,” says Ruth Morgan, the director of the Centre for the Forensic Sciences at University College London. “We are only beginning to realise quite how complex it is.” Since DNA was first used in a police investigation 31 years ago, to solve the murder of Dawn Ashworth, a 15-year-old schoolgirl who was raped and strangled in Leicestershire, the technique has attained an aura of being bulletproof. Certainly, in some cases, evidence of a DNA match to a suspect can be powerful. “There will be times when you get a really clear [DNA] profile, and it is very clear how that material got to the crime scene. And it is [also] very clear that it was during the course of an illegal activity,” says Morgan. “The classic [example] would be semen on the clothing of someone who is underage.” But Butler’s case is just one of many that highlight growing questions in the world of forensic science: what exactly are fingermarks, DNA or gunshot residue actually evidence of – particularly now that even tiny traces can be detected? It’s a riddle whose answer may have profound consequences. According to research published by Morgan and her colleagues, rulings for 218 successful appeal cases in England and Wales between 2010 and 2016 argued that DNA evidence had been misleading, with the main issues being its relevance, validity or usefulness in proving an important point in a trial. It is not the first time forensic science has come under scrutiny."
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 PASSAGE OF THE DAY:  "Carrington, who’s also challenging West’s analysis in an attempt to overturn a death penalty case in Columbus, calls West’s work “nonsense.” The state Supreme Court sent the Columbus case back for a hearing on fresh evidence, but did not disown West’s work wholesale, and also avoided doing so Thursday."

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"The Mississippi Supreme Court on Thursday overturned a man’s three murder convictions, one of which resulted in a death sentence, in another case that raises questions about the state’s use of questionable bite mark evidence. Five justices voted to vacate the convictions of Sherwood Brown, who was convicted in the 1993 slayings of 82-year-old Betty Boyd, 48-year-old Verline Boyd and 13-year-old Evangela Boyd. Brown was sentenced to death for the murder of Evangela, the daughter of Verline and granddaughter of Betty, because jurors found he had killed her while committing felony child abuse. The case was sent back to DeSoto County for a new trial. District Attorney John Champion said in a phone interview he hasn’t read the ruling and doesn’t know if he will prosecute again. Relatives of the Boyds have over the years maintained their belief that Brown was correctly convicted. The Boyds were found hacked to death in Betty Boyd’s house in the rural Eudora community, in a case that longtime county officials said was the most horrific they’d ever seen. A trail of bloody footprints led down a path toward other houses, including one where Brown lived. When police arrested him, he was wearing sneakers that matched the pattern of two partial bloody shoeprints found at the house and tested positive for blood on the bottom. DNA testing wasn’t available at the time but was conducted after the Supreme Court gave the go-ahead in 2012. It shows that the blood on the bottom of Brown’s shoe belonged to a male, and that all the blood on the floor of the house was female. Prosecutors also pointed to a cut on Brown’s wrist, claiming Evangela Boyd had bit him. Dr. Michael West, a forensic odontologist who has testified in many Mississippi criminal cases, determined the cut matched Boyd’s teeth, a conclusion echoed by a second forensic odontologist at the trial. But police had swabbed the inside of Evangela Boyd’s mouth. Tucker Carrington, a lawyer for the Mississippi Innocence Project, said that while DNA tests now show there was male DNA in Boyd’s mouth, it doesn’t match Brown’s DNA. Carrington said this result is more evidence supporting a 2009 report by the National Academy of Sciences that found bite marks could not be used to reliably identify an individual. Carrington, who’s also challenging West’s analysis in an attempt to overturn a death penalty case in Columbus, calls West’s work “nonsense.” The state Supreme Court sent the Columbus case back for a hearing on fresh evidence, but did not disown West’s work wholesale, and also avoided doing so Thursday."

The entire story can be found at:

 https://www.forensicmag.com/news/2017/10/mississippi-court-overturns-convictions-1993-slayings?et_cid=6153235&et_rid=979655504&location=top&et_cid=6153235&et_rid=979655504&linkid=https%3a%2f%2fwww.forensicmag.com%2fnews%2f2017%2f10%2fmississippi-court-overturns-convictions-1993-slayings%3fet_cid%3d6153235%26et_rid%3d%%subscriberid%%%26location%3dtop

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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