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Jeffery Havard; (Part One): Crucial decision by Circuit Court Judge in this life and death 'shaken baby syndrome' death row case is expected by summer... (Havard has been on Mississippi's death row for 15 years); Judge Forrest "Al" Johnson calls his upcoming decision one of the most important in his more than two decades on the bench, The Natchez Democrat reports. (Reporter David Hamilton; " In August 2017, a three-day hearing was held in Adam's County due to revised beliefs in the medical field about shaken baby syndrome, which medical examiners in 2002 determined as the cause of death of 6-month old Chloe Britt. From the outset, Havard has maintained his innocence and claimed the death resulted from him accidentally dropping the the baby while removing her from the bathtub, with Britt subsequently hitting her head on the toilet. Various medical professionals testified in August how contemporary beliefs about shaken baby syndrome could bring the initial 2002 conviction into question. One such testimony from Dr. Steven Hayne, a former medical examiner who conducted the 2002 autopsy and whose testimony lent towards Havard's conviction. This time around, Hayne said pinning Britt's death solely on shaken baby syndrome would be a mistake due to the observance of the baby's head injuries."

Next: Sonja Farak; Annie Dookhan; Massachusetts; A story published by The CommonWealth points out the the enormous financial cost (among other costs) of allowing state crime labs to get out of control. (It's fine when all of the convictions are piling up - but prosecutors have to live with the consequences when crime lab corruption is exposed. HL)..."Someday soon, perhaps even today, Supreme Court Justice Frank Graziano will sign an order dismissing charges against about 8,000 drug defendants whose cases were caught up in the misconduct by state chemist Sonja Farak. That, however, will not close the books on the latest state lab scandal because the SJC is also set to hear an appeal by one defendant whose case has been dismissed and now he wants back the $3,000 in court costs he was ordered to pay. If the SJC finds in his favor – and a recent US Supreme Court case appears to bolster the argument – the state, which has already spent tens of millions of dollars dealing with the cases involving Farak and her notorious colleague Annie Dookhan, could be on the hook for $100 million or more."
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PUBLISHER'S NOTE: I have been following this case for years. Jeffrey Havard. On death row in Mississippi for the past 15 years. At the heart of the case, according to Circuit Court Judge Forrest  "Al" Johnson, is the now widely discredited so-called shaken-baby syndrome.  (Note also  the presence of controversial former medical examiner Steven Hayne who has repudiated his initial opinion); Think of it, a man's life may be taken by the state of Mississippi because of a highly disputed theory on which experts are widely divided,  which has been repudiated by  the late British Dr. Norman Guthkelch, the pediatric neurosurgeon,  who propagated it in the first place. The good news is that Judge Forest clearly recognizes the importance of this decision -  not just to Jeffrey Havard, whose life is in the balance. As Johnson is quoted: ""I don't anticipate sitting in this too long before I render a decision," Johnson said. "It's a pretty important case. It's a pretty big deal."  I will continue to monitor developments in this case closely.

Harold Levy: Publisher; The Charles Smith Blog.

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PASSAGE OF THE DAY: "This time around, Hayne said pinning Britt's death solely on shaken baby syndrome would be a mistake due to the observance of the baby's head injuries. Wayne State University professor Chris Van Ee also took the stand and claimed that data  produced over the last 15 years indicates that medical experts should not normally expect violent shaking to cause head injury to a  6-month to 1-year-old baby. University of Mississippi Medical Center  child abuse  pediatrician Dr. Scott Benton  however, said the blow Britt suffered to the head would not, by itself, be able  to have caused her death. Benton further stated that he believed violent shaking contributed to the fatality. Johnson has called his upcoming decision one of the most important in his more that two  decades on the bench.

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STORY: Judge: Decision on Havard case approaches," by reporter David Hamilton, published by The Natchez Democrat on  Friday February 25, 208

GIST: "The judge who will decide the fate of a man on death row said Wednesday a decision should come in the next months. The case of Jeffrey Havard, convicted in the death of his girlfriend's 6-month-old daughter, currently awaits a decision from Circuit Court Judge Forrest "Al" Johnson on whether Havard deserves a new trial. Johnson said a delay in filing the court transcript caused the process to linger, but attorneys are now required to submit briefings in approximately the next 30 days, after which point Johnson can issue a ruling. The judge said he would have a ruling "clearly" by summer., though he said in less specific terms that he would not let the decision hang in the balance for long. "I don't anticipate sitting in this too long before I render a decision," Johnson said. "It's a pretty important case. It's a pretty big deal." In August 2017, a three-day hearing was held in Adam's County due to revised beliefs in the medical field about shaken baby syndrome, which medical examiners in 2002 determined as the cause of death of 6-month old Chloe Britt. From the outset, Havard has maintained his innocence and claimed the death resulted from him accidentally dropping the the baby while removing her from the bathtub, with Britt subsequently hitting her head on the toilet. Various medical professionals testified in August how contemporary beliefs about shaken baby syndrome could bring the initial 2002 conviction into question. One such testimony from Dr. Steven Hayne, a former medical examiner who conducted the 2002 autopsy and whose testimony lent towards Havard's conviction. This time around, Hayne said pinning Britt's death solely on shaken baby syndrome would be a mistake due to the observance of the baby's head injuries. Wayne State University professor Chris Van Ee also took the stand and claimed that data  produced over the last 15 years indicates that medical experts should not normally expect violent shaking to cause head injury to a  6-month to 1-year-old baby. University of Mississippi Medical Center  child abuse  pediatrician Dr. Scott Benton  however, said the blow Britt suffered to the head would not, by itself, be able  to have caused her death. Benton further stated that he believed violent shaking contributed to the fatality. Johnson has called his upcoming decision one of the most important in his more that two  decades on the bench. Havard has been on death row since his 2002 conviction."
 
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.

The entire story can be found at:
http://www.natchezdemocrat.com/2018/02/23/judge-decision-on-havard-case-approaches/

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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