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Sydney Carton
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Steven Hayne :Caught Manufacturing Evidence in Capital case.?(Feb.20,2009).
« on: February 20, 2009, 03:55:25 PM »

  SC:
    This just came my way and Bill Anderson over at LS deserves the credit for finding one of the astonishing stories yet(just out today).The original by Radley Balko is way too long to reprint(or even adequately summarize )here but please read every word of it with care.A state official appears to be actually caught on camera faking evidence in a capital case! This,if true, appears to be a first.
  BA
 This piece by Radley Balko will anger you and again point out just how crooked American prosecutors have become. I keep hearing the "there are just a few bad apples" argument, but this article tells me that the barrel is full of rotten apples.

.... Anyway, read this and weep.

http://www.reason.com/news/show/131527.html

Manufacturing Guilt?
Experts say this exclusive video shows a dental examiner creating the bite marks that put a man on death row.

Radley Balko | February 19, 2009

Editor's Note: The following article contains graphic and disturbing photographs and video excerpts of an examination conducted on the body of a 23-month-old girl. The images are the basis of claims that forensic experts fabricated evidence in a case that put a man on death row, where he awaits exoneration or execution.

For most of the last 20 years, doctors Steven Hayne and Michael West have served as expert forensic witnesses for the state of Mississippi. Until 2008, Hayne served as the de facto state medical examiner, dominating a criminal autopsy market in which prosecutors contract out examinations to favored private doctors. West, a dentist, served one term as the elected coroner in Forest County, Mississippi in the 1990s and partly through his work with Hayne became a popular bite-mark examiner among prosecutors. Both men have come under intense scrutiny for questionable working procedures and dubious testimony—West off and on for 15 years, Hayne mostly in the last two. Reason has been following Hayne's deteriorating career since an October 2006 article that detailed his role in putting a possibly innocent man named Cory Maye on death row (see an archive of our Hayne-related reporting at: www.reason.com/hayne).

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Re: Steven Hayne :Caught Manufacturing Evidence in Capital case.?(Feb.20,2009).
« Reply #1 on: February 20, 2009, 04:25:10 PM »

   Here is another Steven Hayne in action story(Ray Kroll  was twice convicted  solely on Hayne's evidence) courtesy of Mike ZPU.
  The good doctor Hayne's services are(or were) sought by the state of  Arizona and a number of other adjacent territories. Wonder Oklahoma ever called in to corroborate a Joyce Gilmore diagnosis.
   [This is our third junk bite mark analysis  today! See further the alleged case of Captain Douglas Prade  of Akron,Ohio,filed under "Raymond Towler" in the Wrongful Convictions section.]
          Twice Wrongly Convicted of Murder - Ray Krone Is Set Free After 10 Years

 

By Hans Sherrer

Justice Denied Magazine, Vol. 2, Issue 9

Ray Krone was walking a free man in the bright Arizona sun on the afternoon of Monday, April 8th. That was remarkable because that morning, as every morning for the previous 10-1/2 years, he'd awakened in a prison cell after being convicted twice of 36-year-old Kim Ancona's brutal December 1991 murder in a Phoenix lounge.
   Ray's conviction in 1992 was primarily based on "expert" testimony that his teeth matched bite marks on Ms. Ancona's breast and throat. After spending four years on Arizona's death row, Ray's conviction was thrown out by the Arizona Supreme Court. The reversal of his conviction was based on the prosecution's concealment from Ray's lawyers of a videotape about the bite mark evidence until just before the trial began. The Court did not rule on the issue in Ray's appeal that the prosecution had also concealed exculpatory test results of a prosecution forensic odontologist that concluded Ray's bite mark wasn't consistent with those found on Ms. Ancona.

Although DNA tests introduced at his second trial proved that blood found on Ms. Ancona didn't belong to either her or Ray, he was again convicted on the basis of "expert" testimony linking his teeth to the bite marks on Ms. Ancona. The prosecution had no other physical "evidence" that it claimed linked Ray to Kim's murder.

After his second conviction in 1996, Ray told The Arizona Republic he was innocent. "I was not there that night. "[This] pretty much rules out any faith I have in truth and justice." The trial judge, Maricopa County Superior Court Judge James McDougall, expressed doubt about the outcome of the trial when he wrote, "The court is left with a residual or lingering doubt about the clear identity of the killer." Judge McDougall also wrote after sentencing Ray to life in prison, "This is one of those cases that will haunt me for the rest of my life, wondering whether I have done the right thing."

Ray Krone, an Air Force veteran with no criminal record, was a postal worker and regularly played darts at the CBS Lounge in Phoenix where Kim Ancona worked. They casually knew each other, and Ray had even given Kim a ride to a Christmas party in his prized 1970 Corvette a week before her brutal murder. Ray's roommate corroborated Ray's statement to the police that he went to bed at 10 p.m. on the night of her murder.

Proclaiming his innocence since the time he first came under suspicion, the April 4th DNA test results of saliva and blood found on Ms. Ancona's clothes and body proved Ray Krone had been telling the truth. Not only did the tests exclude Ray, but they also implicated a man, Kenneth Phillips, currently imprisoned in Arizona for sexually assaulting and choking a 7-year-old girl. At the time of Kim Ancona's murder Kenneth Phillips lived 600 yards from the CBS Lounge and was on probation for breaking into a neighboring woman's apartment and choking her while threatening to kill her. Twenty days after Ms. Ancona's murder Mr. Phillips was accused of assaulting the 7-year-old.

After the DNA test results were obtained on April 4th, Ray's lawyer, Alan Simpson, said: "This proves with certainty that Ray Krone is an innocent man. Every day from this point forward that Ray spends in jail is a day the county acts at their own peril." Four days later Ray was a free man.





 

Ray Krone, right, leaves prison with lawyer Christopher Plourd. (photo by Charles Whitehouse, AP)

 

 

Maricopa County Attorney Rick Romley defended his prosecution of Ray Krone by saying there was "strong circumstantial evidence" of his guilt. In response to the conclusive proof that an innocent Ray Krone spent 10-1/2 years in prison, four of which was spent on Arizona's death row, Prosecutor Romley said, "we will try to do better." He neglected to mention that the prosecution's concealment of the odontologist's report that cast doubt on Ray's guilt prior to his first trial indicates they may have knowingly prosecuted an innocent man.

The prosecution's primary witness, Nevada forensic dentist Dr. Raymond Rawson defended his testimony. In an April 8, 2002 article The Arizona Republic quoted Dr. Rawson as saying, "The bite marks were just one piece of evidence with whatever else the jury considered, that is what convicted him." The callousness of Dr. Rawson towards the horrific wrong he was instrumental in inflicting on Ray Krone is indicated by the fact that the jury in both of Ray Krone's trials stated their guilty verdict was based on the bite mark testimony, not on "whatever else the jury considered."

Dr. Rawson's defense of helping to put an innocent Ray Krone on Arizona's death row is all the more feeble when viewed from the latest research about the unreliability of bite mark analysis. The coauthor of a book on forensic evidence, Arizona State University Law School Professor Michael J. Saks describes bite mark testimony as "classic junk science." The Los Angeles Times reported on April 10, 2002 that 63.5% of bite mark investigations resulted in "false positives" and another 22% resulted in "false negatives," according to a study by the American Board of Forensic Odontologists. Put another way, bite mark testimony may be no more likely to accurately identify the perpetrator of a crime than if the prosecution enlisted an astrologer to link a suspect to a victim by working out their respective astrological charts and plotting a convergence point at the time of the crime. Yet, the prosecution's reliance on "junk" bite mark evidence, and the jury's false belief it was scientific, put Ray Krone on track to have a one way trip to Arizona's death chamber. Professor Saks was quoted in the LA Times' article as saying, "At an absolute minimum, jurors should be informed of the relative accuracy or inaccuracy of these tests so they don't think there is more to them than there is."

Although Ray was twice convicted of the brutal stabbing murder of an attractive woman, his family's unwavering belief in his innocence led them to spend over $300,000 fighting for his exoneration and freedom. A key person was Jim Rix, a cousin Ray had not met before his conviction. After visiting Ray in prison, Mr. Rix, a Lake Tahoe businessman, organized the efforts that culminated in Ray's release. As Ray said the day of his release, "Justice has finally come." He got strength from knowing he was innocent, and "there was the strength I got from my friends and family. They never doubted I was innocent. They did everything they could to help me not get down."

Standing outside the prison in Yuma from which he had just been released, Ray said in an interview with Phoenix's KPNX-TV, "For 10 years I felt less than human. This is certainly a strange feeling, and I think it'll take a while for it to set in." Kim Ancona's mother was quoted in The Arizona Republic as saying after learning of the DNA test results, "My God, I hope he becomes a millionaire, because I can't give him those 10-1/2 years back."

According to the Death Penalty Information Center, Ray Krone is the 100th innocent man in the past 29 years released from prison after spending time on death row waiting to be led to a State's death chamber. Before his prosecution, Ray believed in the death penalty because he thought it was reserved for vicious criminals and mass murders. He knows better now. The Arizona Republic on April 9th quoted him as saying, "They would have executed me. Could I have any faith in it anymore? Absolutely not. I can't be the only one. ... People need to address this issue."

The New York Times echoed those sentiments in an April 10th editorial about Ray Krone's exoneration titled Death is Different. That editorial read in part:

" Given the way death-penalty crimes are prosecuted, as the wrongful-conviction scandals in Illinois a few years back showed, a certain number of mistaken convictions are essentially built into the process." A sad reality of the criminal justice system is that in all too many cases, defendants are convicted of serious crimes on the flimsiest of evidence. Juries often hang guilty verdicts on the word of a single witness, despite numerous academic studies showing that witnesses are frequently unreliable.

Courts admit evidence of dubious quality at trial, and send defendants to prison -- or to death -- on the basis of it. The case against Mr. Krone was largely circumstantial, including expert but apparently inaccurate, testimony that his teeth matched bite marks on the victim.

In the face of this powerful evidence that the system is broken, the courts should be chastened -- and they should be working hard to build in protections against executing the wrongfully convicted. Sadly, however, the Supreme Court appeared unconcerned about the fairness of the death penalty in its ruling in a case two weeks ago involving effective assistance of counsel."

In the case referred to in the Times' editorial, Mickens v. Taylor, Warden, No. 009285 (March 27, 2002), the Supreme Court ruled that it was not fundamentally violative of due process for an accused murderer to be appointed a lawyer that unbeknownst to him was the victim's lawyer at the time he was killed, which was the business day preceding his appointment as the defendant's attorney. In other words, one day the attorney represented the victim and the next business day he was appointed to represent his client's accused killer: all the while concealing that fact from his "new" client who was convicted and sentenced to death for killing the lawyer's previous client. In his dissent, Justice John Paul Stevens noted: "A rule that allows the State to foist a murder victim's lawyer onto his accused is not only capricious; it poisons the integrity of our adversary system of justice." Justice Breyer, with whom Justice Ginsburg joined in dissenting, was more direct in assessing the meaning of the Court's action: "This kind of breakdown in the criminal justice system creates, at a minimum, the appearance that the proceeding will not reliably serve its function as a vehicle for determination of guilt or innocence, and the resulting criminal punishment will not be regarded as fundamentally fair."

Every Court in the country takes its cues from the attitudes expressed by the Supreme Court, and as the New York Times noted in its editorial, the highest court in the land is no longer concerned with whether it even appears a defendant is accorded a fair trial. In the absence of a court acting in a manner that creates the appearance a defendant received a fair trial, it is unlikely he or she received one. That lack of concern by the nation's courts with a defendant's possible innocence nearly condemned Ray Krone to a life in hell, even though he is as innocent of Kim Ancona's murder as you, or any other readers of this report, are. That emphasizes the most troubling aspect of Ray's case and the lesson it has for us to again be reminded of: There are a disturbing number of “Ray Krones,” reliably estimated to number over a hundred thousand people, who have been left to twist in the wind by the Courts of this country to serve a prison sentence for a crime the person didn't commit.

It is heartening that Ray Krone had a happy ending to his gruesome 10-1/2 year saga. Now 45, he has the opportunity to begin life anew on the outside. Without restraint he can drive his Corvette and spend time with the people who cared enough to support him while he was imprisoned.

On the other hand, it is sobering to realize that Ray was blessed in two crucial ways: he had caring relatives with the money to hire a competent lawyer to fight for his freedom; and DNA tests capable of excluding him as Kim Ancona's murderer were developed after his conviction. Otherwise, he would have spent the rest of his natural life imprisoned in the nightmarish hell of Arizona's prison system due to the inability of this country's judicial process to reliably distinguish the guilty from the innocent.

Sources: "DNA good new for convict: Convicted twice in slaying," Beth DeFalco (staff writer), The Arizona Republic, March 23, 2002.

"DNA may free Arizonan: Inmate convicted twice in murder," Beth DeFalco (staff writer), The Arizona Republic, April 5, 2002.

"Doubts plagued trial in '91 killing," Beth DeFalco (staff writer), The Arizona Republic, April 8, 2002.

"DNA frees Arizona inmate after 10 years in prison: 10 years included time on death row," Dennis Wagner, Beth DeFalco, and Patricia Biggs, The Arizona Republic, April 9, 2002.

"DNA Leads to Release of Ariz. Convict," Foster Klug (AP), Seattle Post-Intelligencer, April 8, 2002.

"Death Penalty Foes Mark a Milestone: Crime: Arizona convict freed on DNA tests is said to be the 100th known condemned U.S. prisoner to be exonerated since executions resumed," Henry Weinstein (staff writer), Los Angeles Times, April 10, 2002.

“Death is Different,” Editorial Staff, The New York Times, April 10, 2002.

       SC:
        I can't get over it .Three horrendous bite stories coming in within two hours!


 

 



 

 

 

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Sydney Carton
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Re: Steven Hayne :Caught Manufacturing Evidence in Capital case.?(Feb.20,2009).
« Reply #2 on: February 20, 2009, 06:12:53 PM »

  For further refeerence:
    Reason's Reporting on Steven Hayne and Mississippi's Criminal Forensics System

February 19, 2009

In October 2006, Reason published an article by Radley Balko about the case of Cory Maye, a man sentenced to death after shooting a police officer during a paramilitary-style drug raid on his home. The conviction was based in part on the testimony of a controversial Mississippi medical examiner named Steven Hayne, who claimed that bullet trajectories extrapolated from the victim contradicted Maye's account of events. Maye was subsequently removed from death row pending a new sentencing hearing.

In January 2007, Balko's reporting was cited by the Mississippi State Supreme Court in tossing out Hayne's testimony in the murder-conspiracy case of Tyler Edmonds, who was 13 at the time of his sentencing. Hayne had claimed that his examination revealed two sets of hands on the murder weapon. Edmonds was retried in November 2008, and acquitted.

In November 2007 Reason published an investigative feature on Hayne himself, revealing that for nearly two decades the questionable examiner had performed the vast majority of the state's criminal autopsies, at a rate of roughly four per day. In January 2008, Mississippi officials announced that two men who had been implicated by Hayne's science, Kennedy Brewer and Levon Brooks, would be released from prison after DNA testing confirmed they didn't commit the rapes and murders for which they were convicted. Trial testimony from Hayne and disgraced Mississippi bite mark analyst Michael West had been critical in securing both convictions.

In August 2008, after mounting public pressure, Mississippi officials announced that Hayne would no longer be performing criminal autopsies. Still, Mississippi officials refuse to investigate prior cases in which Hayne and West have testified, which combined number well into the thousands.

Below is a complete archive of Balko's Reason reporting on Hayne. * At Reason.tv: Mississippi Drug War Blues Takes Honors at Oxford Film Festival!, Nick Gillespie, February 9, 2009

* Mississippi Supreme Court Justice Departs With an Anti-Death Penalty Flourish, Radley Balko, December 18, 2008

* Forensic Experts Aren't Team Players. Nor Should They Be., Radley Balko, November 19, 2008

* Hayne Sues, Radley Balko, November 7, 2008

* Tyler Edmonds Acquitted, Radley Balko, November 1, 2008

* Dirty Tricks in Mississippi, Radley Balko, October 31, 2008

* Scandal in Louisiana's Criminal Courts, Radley Balko, October 28, 2008

* Hayne, West Sued, Radley Balko, October 12, 2008

* Update on Mississippi's Dr. Steven Hayne, Radley Balko, September 18, 2008

* Correction to My Previous Post on Dr. Hayne, Radley Balko, September 9, 2008

* Old File Shows Problems With Mississippi's Dr. Hayne Date Back to Early 1990s, Radley Balko, September 7, 2008

* Mississippi CYA, Radley Balko, August 6, 2008

* Mississippi Official Fires Dr. Hayne, Then Praises Him, Radley Balko, August 5, 2008

* Dr. Steven Hayne Is Done, Radley Balko, August 4, 2008

* Job Opening in Mississippi, Radley Balko, July 5, 2008

* More from Mississippi, Radley Balko, June 26, 2008

* Update in Mississippi, Radley Balko, June 25, 2008

* "In Mississippi, the Cause of Death Is Open to the Highest Bidder", Radley Balko, June 5, 2008

* Mississippi Supreme Court Denies Jeffrey Havard, Radley Balko, May 30, 2008

* Reforming Forensics, Radley Balko, May 14, 2008

* Updates in Mississippi, Radley Balko, May 5, 2008

* Oliver Diaz, Jr., Radley Balko, May 4, 2008

* Jackson's Clarion-Ledger Confronts Dr. Hayne, Radley Balko, April 28, 2008

* Good News in Mississippi?, Radley Balko, April 15, 2008

* The Case of Henry Moses: Another Dr. Hayne Debacle, Radley Balko, April 13, 2008

* Hayne Responds, Radley Balko, April 9, 2008

* Innocence Project Files Complaint to Revoke Dr. Hayne's Medical License, Radley Balko, April 8, 2008

* Former Mississippi Official Calls for Overhaul of Autopsy System, Radley Balko, March 31, 2008

* Some Movement in Mississippi, Radley Balko, March 28, 2008

* More Autopsy Adventures in Mississippi, Radley Balko, March 27, 2008

* Hattiesburg American Calls for Investigation of Hayne, Radley Balko, March 8, 2008

* Head of Mississippi Prosecutors Association Says He'll Refuse Open Records Request, Radley Balko, March 6, 2008

* More From Mississippi, Radley Balko, March 5, 2008

* Mississippi AG Jim Hood: Forrest Allgood a "Straight Arrow", Radley Balko, March 3, 2008

* Mississippi Supreme Court Considering Two Death Penalty Cases Involving Dr. Steven Hayne, Radley Balko, March 2, 2008

* The A.P. on Mississippi's Forensics Problems, Radley Balko, March 1, 2008

* The Bite-Marks Men

Mississippi's criminal forensics disaster

Radley Balko, February 25, 2008

* Mississippi Gets an "F" in Transparency, Radley Balko, February 24, 2008

* The Hayne, West Taint Spills Into Louisiana, Too, Radley Balko, February 21, 2008

* Jackson's Clarion-Ledger Editorializes on MS Forensics, Radley Balko, February 19, 2008

* Eddie Lee Howard: Mississippi's Next Exoneration?, Radley Balko, February 17, 2008

* President of Mississippi State Medical Association Denounces Dr. Hayne, Radley Balko, February 15, 2008

* Innocence Project Calls for Investigation Into Dr. Hayne, Radley Balko, February 14, 2008

* Big News in Mississippi, Radley Balko, February 11, 2008

* Back to Mississippi, Radley Balko, December 21, 2007

* Innocent in Mississippi, Radley Balko, November 5, 2007

* Death Investigation Deficiencies

Is Mississippi's forensic evidence system dysfunctional?

Radley Balko, October 29, 2007

* Reason's Radley on the Radio, Radley Balko, October 9, 2007

* Jackson News Station Picks Up Hayne Story, Radley Balko, October 9, 2007

* New at Reason, October 8, 2007

* CSI: Mississippi

A case study in expert testimony gone horribly wrong

Radley Balko, November 2007 Print Edition

* "Indeed, and Without a Doubt"

How a Mississippi dentist may be sending innocent people to jail.

Radley Balko, August 2, 2007

* Reason Cited by Mississippi Supreme Court, Radley Balko, January 8, 2007

* The Case of Cory Maye

A cop is dead, an innocent man may be on death row, and drug warriors keep knocking down doors.
 SC:
   When will someone do for Joyce Gilmore what Balko is doing  for Hayne and Harold Levy is doing on the Charles Smith case in Canada? The lady  deserves no whit less.
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