The Magazine for the Wrongly Convicted

Files $100 million lawsuit based on new evidence prosecutors used fake wit- ness to frame him in Florida. See page 3

Shoji Sakurai and Takao Sugiyama Awarded $630,000 for almost 30 years of wrongful imprisonment Murder conviction in Japan for murder. overturned and ac- See page 6 quitted by Austra- Acquitted on appeal lia’s High Court. of manslaughter in See page 9 death of patient in Canada. See page 8

Stalking Conviction Based On Accusing Neighbor Of Pedophilia Tossed On Appeal!

Doctor’s Conviction For Breaching Patient Confidentiality Overturned! m Robert Neulander Granted New Trial Because of Juror Mobil Phone Misconduct!

Kirstin Lobato Files Federal Civil Rights Lawsuit Based On Police Frameup!

NY Judge Sylvia Ash Charged With Obstructing Federal Investigation!

US Sup Ct Asked To Review Dismissal of Pro Se Civil Rights Lawsuit! Issue 77 JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 1 ISSUE 77 - FallFALL 2019 2019 Justice:Denied - Issue 77, Fall 2019 ISSN: 1937-2388 Table of Contents George Zimmerman Sues For $100 Million After Plot Exposed Prosecutors Used Fake Witness To Frame Him...... 3 Japanese Exoneree Receives $690,000 in Compensation...... 6 Mitra Javanmardi Acquitted Of Manslaughter By Canada’s Supreme Court ...... 8 Steven Fennell’s Murder Conviction Based On Weak Circumstantial Evidence Tossed By Appeals Court...... 9 Stalking Conviction Based On Accusing Neighbor Of Being Pedophile Overturned By Kansas Appeals Court...... 11 Doctor’s Conviction for Breaching Medical Confidentiality Overturned by Appeals Court...... 12 Justice Denied’s Mobile Device Homepage Is Online!...... 12 M. Robert Neulander Granted New Trial Based On Juror Misconduct Of Texting About Case And Doing Internet Research....13 Kirstin Lobato’s federal lawsuit claims murder frame-up by Las Vegas Detectives Thomas Thowsen and James LaRochelle...15 New York Judge Sylvia Ash Charged With Obstructing Federal Investigation Of Credit Union Fraud...... 17 US Supreme Court Asked To Review Dismissal Of Pro Se Federal Civil Rights Lawsuit...... 18 Menace To The Innocent: Insubstantial Expert Evidence Endangers Innocent People Accused Of A Crime...... 19 Phantom Spies, Phantom Justice...... 20 High Fence Foodie – Cookbook Now Available!...... 20 From The Big House To Your House – Cooking in prison...... 21 Edwin M. Borchard – Convicting The Innocent...... 21 3rd Revised and Updated Edition of “Kirstin Blaise Lobato’s Unreasonable Conviction” Online...... 22 Ramentastic: Creative Cooking With Ramen Noodles – Cookbook Now Available!...... 22 Message From The Publisher Information About Justice:Denied Prosecutors and police framing innocent people by fabricating or Justice:Denied promotes awareness of wrongful convictions and gaming evidence is documented in many hundreds of cases in The their causes. It provides information about convicted people Innocents Database. George Zimmerman was acquitted by a jury claiming innocence, exonerated people, and compensation in 2013 of murder in Trayvon Martin’s death. Zimmerman recent- awards, and provides book and movie reviews, and reports about ly filed a federal lawsuit seeking $100 million after discovering court decisions, and law review and journal articles related to the prosecution framed him with the false testimony of its star wrongful convictions. witness who posed as Martin’s girlfriend. See p. 3. DO NOT SEND_JUSTICE:DENIED ANY LEGAL WORK! Thousands of people each year die following a treatment, operation, Justice:Denied does not and cannot give legal advice. or drug prescription by a doctor or other health practitioner. Few are If you have an account of a wrongful conviction that you want to prosecuted because it is difficult to establish criminal responsibility. share, send a first-class stamp or a pre-stamped envelope with a Montreal naturopath Mitra Javanmardi was convicted of manslaugh- request for an information packet to, Justice Denied, PO Box ter in the death of a patient in 2008 following her administering an 66291, Seattle, WA 98166. Cases of wrongful conviction submit- intravenous injection of nutrients. On appeal, Canada’s Supreme ted in accordance with Justice:Denied’s guidelines will be re- Court determined she committed no crime. See pg. 8. viewed for their suitability to be published. Justice:Denied Mobile phones have fueled the increasing presence of social media reserves the right to edit all submitted accounts for any reason. in the courtroom. After his conviction for murder, Dr. M. Robert Justice:Denied is published four times yearly. Justice:Denied is a Neulander discovered evidence one of his jurors didn’t just defy trade name of The Justice Institute, a 501(c)(3) non-profit organiza- the judge’s instruction not to communicate about his trial on social tion. If you want to financially support the important work of publiciz- media, but she was encouraged to find Neulander guilty. See p. 13. ing wrongful convictions, tax deductible contributions can be made to: In 2004 Justice Denied described the case against Kirstin Lobato for The Justice Institute a 2001 Las Vegas murder as as a prosecution and police frame-up. PO Box 66291 Almost 14 years later her convictions were overturned and she was Seattle, WA 98166 released from prison. Lobato has filed a federal lawsuit alleging she Credit card contributions can be made on Justice:Denied’s website, was framed by the Las Vegas police and detectives. See p. 15. www.justicedenied.org/donate.htm Judges are rarely prosecuted, but New York Judge Sylvia Ash was Please note: Justice Denied protects the privacy of its donors. so brazen in obstructing a federal corruption investigation that she Justice Denied will not disclose its donors to any third party all but invited being charged for her role in the scheme. See p. 17. without presentation of a valid legal process. Hans Sherrer, Editor and Publisher logo represents the snake of evil www.justicedenied.org – email: [email protected] and injustice climbing up on the scales of justice.

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 2 ISSUE 77 - FALL 2019 fights at his high An eyewitness who came out of his home George Zimmerman Sues school and sus- when he heard Zimmerman’s calls for help, For $100 Million After pended three times saw Martin repeatedly smashing his fists — the last time for into Zimmerman “MMA style.” The wit- Plot Exposed That Prose- breaking the nose ness, Jonathan Good, yelled at Martin to cutors Used Fake Witness of a fellow student stop or he would call the police. Martin he had punched. At didn’t stop beating Zimmerman, and Good To Frame Him As Mur- the time he was sent went into his home and called the police. derer In Trayvon Mar- to Sanford an ex- George Zimmerman in pulsion hearing was Chocking on blood from his broken nose, tin’s Death courtroom after being ac- scheduled after disoriented from having his head slammed quitted on July 13, 2013 Martin tried to hit a into the concrete and with Martin continu- (WSVN 7, Miami) By Hans Sherrer school bus driver. ing to beat him, Zimmerman was able to Martin described grab his legal pistol and fired a single to eorge Zimmerman has filed a $100 himself as a gangster, his Twitter handle stop Martin’s assault. The entire episode Gmillion lawsuit based on newly discov- indicated his affiliation with a Miami street was recorded by 911, and everything was ered evidence a fake witness was knowingly gang, he was a heavy marijuana user, and he heard by the person Martin was talking to at used by prosecutors to frame him for mur- was reportedly dealing handguns to teens. least up to after he began beating Zimmer- der in Trayvon Martin’s death on February man -- and possibly longer. Martin had only been in Sanford for about 26, 2012 in Sanford, Florida. The lawsuit Police Investigation Clears Zimmerman alleges the prosecutors, and family mem- two weeks when at about 7 p.m. on Febru- bers and friends of Martin were involved in ary 26 Zimmerman saw him standing in the Martin’s death was a major national news the conspiracy to frame Zimmerman with rain between two townhouses in The Re- story. an imposter posing as Martin’s girlfriend. treat at Twin Lakes. Martin didn’t live in the He was charged with murder, but the prose- gated community whose residents were be- After an investigation that included the 911 cution’s case was so weak that even with ing victimized by crimes primarily commit- tape, eyewitness Good and other residents, the fabricated evidence a jury acquitted him ted by “young black males.”[Note 1] the physical evidence of Zimmerman’s bro- on July 13, 2013. Zimmerman was driving to Target, but ken nose and head lacerations, and Martin’s based on his neighborhood watch training bruised knuckles, on March 12, 2012 San- The state lawsuit was filed in the Polk he pulled over and called the Sanford police ford Police Chief Bill Lee announced Zim- County, Florida Circuit Court on December non-emergency number to report a suspi- merman had been cleared of any 4, 2019. Its claims allege: cious person. While speaking with the dis- wrongdoing on the basis he acted in self- patcher, Martin was talking on his phone defense. It was not a stand your ground case * Malicious Prosecution and Abuse of Pro- when he approached and circled Zimmer- because evidence showed Martin had initi- cess by three State’s Attorneys involved in man’s car. Zimmerman told the dispatcher ated his unprovoked assault of Zimmerman. Zimmerman’s case, the Florida Dept of Martin looked like he was “on drugs or Law Enforcement and the State of Florida. something.” (It was later found he had mar- Lawyer hired by Martin’s parents cam- ijuana in his system.) Martin then walked paigns to paint Zimmerman as murderer * Civil Conspiracy by ten of the defen- away. Zimmerman got out of his car to The day after Zimmerman was cleared by dants named in the lawsuit. provide information to the dispatcher who the Sanford PD, Benjamin Crump, the attor- repeatedly asked him which way the person ney hired by Martin’s mother Sybrina Fulton * Defamation by the Martin’s family at- had gone to assist the police officer who and his father Tracy Martin two days after torney Benjamin Crump and HarperCol- was on his way to the scene. his death, began a concerted campaign to lins Publishers. incite public sympathy for Martin and hatred Zimmerman answered “okay” when the dis- Events of February 26, 2012 of Zimmerman to pressure the Sanford po- patcher asked him not to follow the suspi- lice to arrest him and the state of Florida to Zimmerman was 28, married, and living in cious person. Zimmerman asked the prosecute him. Crump’s campaign was Sanford, Florida in February 2012. He was dispatcher to tell the officer to meet him at based on four prongs that Zimmerman de- working as a forensic fraud underwriter, his parked car, as he walked back to it. scribes as disinformation in his lawsuit: and taking classes at a community college When he was about to get in his car and “Trayvon: 1) was only buying candy for his on a path to becoming an attorney. His while still on the phone with the dispatcher, little brother, 2) was just trying to get home, mother was born in Peru and he identifies as Martin appeared behind him and asked, when he was 3) was stalked by Zimmerman Hispanic. In his spare time he was a social “What’s your problem?” Zimmerman because of his skin color and then 4) was activist and volunteered as a mentor for turned around. Immediately after he an- shot in cold blood by Zimmerman after yell- black teens whose parents were in prison. swered “I don’t have a problem,” Martin ing repeatedly for help. To help convince the After a number of robberies and home inva- sucker-punched him in the nose — breaking public of his false narrative, Defendant sions in the community where he lived, it as he had done to the student at his high Crump disseminated a photo of Trayvon to Zimmerman joined The Retreat at Twin school — and straddled Zimmerman when the media of when Trayvon was only about Lakes neighborhood watch program. he fell to the ground with his phone still 10 years old and 5 feet tall, rather than pro- connected to the dispatcher. Martin began viding recent photos of the 17-year-old Martin was 17 and living with his mother in slamming Zimmerman’s head onto the con- Trayvon who stood over six feet tall.” [12] Miami until mid-February 2012, when she crete sidewalk and tried to smother him as sent him to live with his father in Sanford -- he yelled for help at least 14 times — as Crump’s campaign to portray Martin as an 250 miles north of Miami. While living with recorded by the 911 audio recordings. his mother Martin was regularly getting into Martin cont. on p. 4

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 3 ISSUE 77 - FALL 2019 Martin cont. from p. 3 Eugene.” Martin’s mother was present and minimize the time they would have to dis- she didn’t inform the authorities they were cover what they knew, that Defendant Jean- innocent black youth gunned down for no not talking with her son’s girlfriend, but her tel was an imposter and a fake witness. The reason by a racist Zimmerman successfully half-sister Jeantel posing as her. obstruction campaign by Defendants de la convinced “the media, politicians, celebri- Rionda, Guy, and Corey caused Zimmer- ties, and even fair-minded people into de- Zimmerman’s lawsuit states: “In the inter- man's defense team to spend 2/3 of their manding the arrest of Zimmerman with no view, Defendant Jeantel lied repeatedly in time in court demanding discovery and evidence, and even though he’d already been order to incriminate Zimmerman. Defen- sanctions against the prosecution, all in an exonerated by the police investigation.” [12] dant Jeantel falsely claimed to be Trayvon's effort to prevent Zimmerman's defense girlfriend, falsely claimed that her nick- from discovering that Defendant Jeantel Fake witness substituted for Martin’s name was “Diamond”, and falsely claimed was an imposter. The obstruction campaign girlfriend that she was on the phone with Trayvon in by Defendants de la Rionda, Guy, and The electronic, eyewitness, medical, and the days leading up to and much of the day Corey included refusing to turn over alleged physical evidence Zimmerman was defend- and up to the minute of his death. Defendant hospital records until being forced to admit ing himself and committed no crime in Mar- Jeantel made numerous false statements they didn't exist, providing Trayvon’s 750- tin’s death was a stumbling block to his about what she claimed to have heard while page Cellebrite cell phone extraction report arrest and prosecution. speaking with Trayvon with the goal of to Zimmerman's defense in an unreadable incriminating Zimmerman...” [19] binary file form rather than a print out, and The negative publicity against Zimmerman by denying Zimmerman's defense attorneys did not affect the U.S. Department of Jus- Zimmerman further asserts that during the access to Defendant Jeantel by falsely tice, which declined to file federal civil interview Assistant State Attorney Bernie de claiming that Defendant Jeantel was only 16 rights charges against him after a review of la Rionda -- who was Zimmerman’s lead (Defendant Eugene's age)...” [22-23] the case. prosecutor -- “ignored the repeated false statements by Defendant Jeantel that he both By providing the cell phone report in un- Zimmerman’s lawsuit lays out in minute knew and should have known to be false, readable binary file form prosecutors were detail how the key to Crump’s successful including those which contradicted Defen- able to prevent Zimmerman’s defense attor- campaign to get the State of Florida to pros- dant Eugene’s phone records he had already neys from seeing four photo images of Eu- ecute him was substitution of another per- obtained, and including Defendant Jeantel’s gene she had texted to Martin, that would son for Martin’s 16-year-old girl-friend statement that she was 18, even though De- prove Jeantel wasn’t her -- because they had Brittany Diamond Eugene, who he was fendant de la Rionda knew ... Defendant no physical resemblance. talking to on the phone when he attacked Eugene was 16 and “a minor child”. Almost Zimmerman. Zimmerman asserts the every time Defendant Jeantel made a state- Zimmerman’s trial was a major internation- substitute/fake witness Crump coached and ment he knew to be false, Defendant de la al news event. presented to the world as Eugene, was her Rionda asked the question again and again half-sister, 18-year-old Rachel Jeantel. in different ways until Defendant Jeantel's During his trial a centerpiece of the prosecu- answer fit his narrative.” Furthermore, de la tion’s case was Jeantel presenting herself as On March 20, eight days after Zimmerman Rionda ignored that at the conclusion of the “Diamond Eugene” and giving sworn testi- was cleared, Crump held a press confer- interview Jeantel told him multiple times “I mony for two days pretending to be her. ence. He told reporters he had only just feel guilty”, and when asked why, confessed Zimmerman’s lawsuit states that Jeantel “lied discovered the existence of Martin’s girl- to him, “I ain’t know about it!” [19] about all events and circumstances regarding friend and that she had been talking to Mar- Trayvon, her relationship with Trayvon, and tin at the time of the altercation. Crump said Ten days later, on April 12, 2012 de la the circumstances leading up to his death by the discovery occurred when Martin’s fa- Rionda and two other Florida State Attor- falsely claiming she was a phone witness to ther checked his phone records. Crump re- neys authored and executed an affidavit of them, when she was not ...” [23] fused to identify the girl by name because probable cause against Zimmerman that he said she was a 16-year-old minor. Crump was largely based on Jeantel’s interview Zimmerman’s defense relied on the physical told reporters, “we have all the evidence statements incriminating him -- that she had and eyewitness evidence that led Police now!” and “arrest George Zimmerman for repudiated to them. Chief Lee to make his original finding he had acted in self-defense and committed no crime. the murder of Trayvon Martin!” [15] Zimmerman’s prosecution and trial Crump had in fact known about Eugene for From April 2012 to Zimmerman’s trial in The jury acquitted Zimmerman of all charg- days. She had refused to incriminate Zim- July 2013 none of the numerous people who es on July 13, 2013. merman from what she heard while on the knew Jeantel was an imposter -- that includ- phone with Martin, but Crump and other ed the prosecutors and members of Martin’s If the witness switch had worked as intended people had been incessantly pressuring her and Jeantel’s families -- informed Zimmer- Zimmerman would have been convicted of to change her mind. While Jeantel -- with no man’s lawyers of the witness switch. second-degree murder and likely sentenced first-hand knowledge -- was convinced to prison for life. The switch remained un- Zimmerman had murdered Martin. Zimmerman’s lawsuit states the prosecu- known to him for more than six years. tors: “engaged in a 14-month campaign of The switch of substituting Jeantel for Eu- obstruction to prevent Zimmerman's de- However, due to all the negative publicity gene was completed on April 2, 2012, when fense from discovering the substitution of surrounding Crump’s narrative of Martin’s police and prosecutors for the first time met the real phone witness, Brittany Diamond death, the homeowners association for The with and interviewed “Eugene.” Except they Eugene, for the imposter and fake witness, Retreat at Twin Lakes where he was shot didn’t talk with Eugene -- they talked with Rachel Jeantel, by withholding evidence made a substantial financial payment to his Jeantel, who told them she was “Diamond from Zimmerman's defense team in order to Martin cont. on p. 5

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 4 ISSUE 77 - FALL 2019 Martin cont. from p. 4 of the truth they would have reported the Court that named as defendants: Sybrina facts supporting that Martin was a violent Fulton (Martin’s mother); Tracy Martin mother (Sybrina Fulton) and father (Tracy lowlife thug on track for a life of crime and (Martin’s father); Brittany Diamond Eu- Martin) to settle their complaint. spending his life in and out of prison or a gene (Martin’s girlfriend); Rachel Jeantel premature death. (Eugene’s half-sister); Benjamin Crump Attempted murder of Zimmerman (attorney for Fulton and Tracy Martin); Ber- In May 2015, a man named Matthew Ap- Zimmerman gives credit to Gilbert for dis- nie de la Rionda (Zimmerman’s lead prose- person shot at Zimmerman while he was covery of the evidence his prosecution was cutor); John Guy (Zimmerman’s driving his truck, and the bullet missed his based on a hoax perpetrated by his prosecu- co-prosecutor); Angela Corey (Special head by inches. He had facial injuries from tors, Martin’s family, their lawyer, and Prosecutor in charge of Zimmerman’s case); flying glass and debris. In 2016 a jury con- friends: the Florida Department of Law Enforce- victed Apperson of attempted second-de- ment; the State of Florida; and HarperCol- “16. The facts pled in this Complaint, lins Publishers. The lawsuit asserts: gree murder, armed aggravated assault, and which set forth the injury suffered by shooting into a vehicle. In October 2016 Plaintiff, were only recently discovered “Defendants (except HarperCollins), Apperson was sentenced to the mandatory by Plaintiff Zimmerman on or about acting individually and in concert with 20 years in prison for shooting at another September 16, 2019 through the publi- each other, made a concerted effort to person with a firearm. cation of the book and film by Holly- violate Zimmerman’s constitutional Witness switch discovered wood director Joel Gilbert, both entitled rights and cause him to be arrested and The Trayvon Hoax: Unmasking the Wit- put on trial for murder, with the goal of The dam concealing the witness switch ness Fraud the Divided America. imprisoning him for life by covering up broke on September 16, 2019, when inves- 17. September 16, 2019 was the earliest their knowledge of the identity of the tigative journalist and filmmaker Joel Gil- possible date that Plaintiff Zimmerman real girlfriend of Trayvon Martin and bert’s book titled: The Trayvon Hoax: could have, and did in fact, discover the legitimate phone witness, Defendant Unmasking the Witness Fraud that Divided subject illegal acts and practices of the Eugene, and their coaching of false tes- America was published. The book details Defendants which harmed him.” [6] timony and support for the substitution what Gilbert calls “the most spectacular of and lies of an imposter and fake wit- case of identity fraud in modern American Crump’s book published ness, Defendant Jeantel, that she told to judicial history.” In poring over Martin’s On October 15, 2019, Crump’s book, Open prosecutors.” [7] 750-page phone record, Gilbert discovered Season: Legalized Genocide of Colored that Jeantel had not been his girlfriend as People, was published by HarperCollins The lawsuit’s claims related to the imposter she testified, and she was an imposter for Publishers. witness are: his real girlfriend Eugene. That is the infor- * Malicious Prosecution and Abuse of mation the prosecution concealed from Zimmerman’s lawsuit includes multiple Zimmerman’s lawyers prior to his trial by Process by three State’s Attorneys in- defamation claims against Crump and Har- volved in Zimmerman’s case (de la Rion- providing the phone record in an unreadable perCollins related to the book. binary file form rather than a print out. da, Guy, and Corey), the Florida Dept of Law Enforcement, and the State of Florida. He states the book has a “reckless, racially Gilbert also released his documentary about charged, inflammatory and defamatory title, * Civil Conspiracy by all the defendants the witness switch that has the same title as ... Given Defendant Crump’s widely known the book: The Trayvon Hoax: Unmasking named in the lawsuit except HarperCol- knowledge of, participation in and associa- lins. the Witness Fraud that Divided America. tion with Plaintiff Zimmerman and the Trayvon Martin trial, the title of the book is The lawsuit’s claim related to the assertion The major news organizations in the U.S. reasonably understood to refer to Plaintiff could have discovered the information Gil- Crump’s book, Open Season: Legalized Zimmerman. This creates the false implica- Genocide of Colored People “contains numer- bert did if they were interested in reporting tion that Plaintiff Zimmerman participated the truth and investigated Zimmerman’s ous false, malicious, and defamatory state- and participates in the “genocide of colored ments regarding Plaintiff Zimmerman” is: case, instead people.”” [26] of blindly * Defamation by Crump and HarperCol- pushing the Zimmerman further asserts: “The book it- lins Publishers. narrative un- self also contains numerous false, mali- supported by cious, and defamatory statements regarding Zimmerman is requesting an award of any facts that Plaintiff Zimmerman.” [26] “compensatory and actual including conse- he was a quential and incidental damages in excess bloodthirsty The lawsuit describes that Crump has built of $ 100,000,000.00 million U.S. Dollars,” racist who has career by exploiting Martin’s death and and his “attorney’s fees and costs.” [36] wantonly Zimmerman’s prosecution: “As a result of snuffed out Zimmerman’s trial, Defendant Crump be- Zimmerman’s lawyer is Larry Klayman. the life of an came a nationally known as a self-styled civil Klayman is the founder of Judicial Watch innocent rights attorney who represents clients who and Freedom Watch, and he is nationally black youth. allege racial bias and police misconduct.” [4] known for his strong public interest advoca- Of course, if cy in furtherance of ethics in government they had been Lawsuit filed and individual freedoms and liberties. interested in The Trayvon Hoax: Unmasking informing On December 4, 2019, Zimmerman filed a the Witness Fraud that Divided state lawsuit in the Polk County Circuit America (cover) their readers Martin cont. on p. 6

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 5 ISSUE 77 - FALL 2019 men were observed near the scene of the Japanese Exoneree Re- murder. Therefore, two criminals would ceives $690,000 in Com- have to be found. After eliminating some fifty or so suspects, the police decided to pensation arrest 20 year old Shoji Sakurai. Sakurai had been on the police radar for stealing a By Michael H. Fox belt and pair of pants.

967 was a good year for Japan. The The son of a civil servant and a mother who 1economy was booming, and GNP was sold vegetables, Sakurai had problems at rising. Three years before, Japan hosted the home and never finished high school. At the time of arrest, he had no full time job and Shoji Sakurai and Takao Sugiyama — who spent summer Olympics. A proposal to host yet almost 30 years in prison (The Australian) another Olympics -- the 1972 winter games was living idly. He admitted to the theft -- was underway. charge but denied the murder. Five days taken from the victim’s home. The added later, after around the clock interrogation, charge of robbery would allow the prosecu- The booming economy had not entirely he confessed to the murder and named tion to ask for an indefinite term (life im- reached the hinterlands. In the sleepy, rural Takao Sugiyama, a friend of his brother, as prisonment). The single charge of murder village of Fukawa, some 80 kilometers accomplice. Sugiyama was also a high would likely bring a term of 17 years. north of Tokyo, (Ibaragi prefecture) a 62 school dropout, and was involved with the year old man was murdered in the dreadful Yakuza. Both had backgrounds that would Sakurai has described his interrogation, “In heat of August. The homicide shocked the look suspicious at trial a bid to obtain our confessions, investiga- local area. Police went into a frenzy to solve tors told each of us separately that the (oth- Coerced confessions the crime and return the area to sanity. er) had already confessed to the murder and The primary evidence against the defen- that we would be hanged if we continued Likely targets? dants was the confessions. Both were denying the allegations.” And after agreeing charged with murder as well as robbery, to confess, “The police instructed me about Law enforcement received a report that two though it is still unclear if anything was how to respond to their questions in ad- vance, and recorded my responses, in order Martin cont. from p. 5 treat at Twin Lakes homeowner’s to submit a tape of them to the court.” association could seek to recoup the settle- (Japan Times, March 15, 2011) Conclusion ment money paid to Martin’s parents on the basis it was obtained through fraud. At trial, both men retracted their confes- The defendants will file answers to Zim- sions. It was clear the confessions differed merman’s claims, and they can be expected The lawsuit, George Zimmerman v. Sybrina from the facts of the actual crime: the de- to seek dismissal of those claims based on Fulton, et al. (Polk County, Fla. Circuit Ct) sign of the house, how it was entered, etc. procedural or other legal grounds. (filed 12-4-19), can be downloaded at, None of the 43 fingerprints matched either http://www.larryklayman.com/pdf/1912 suspect. The two confessed to strangulation One consequence of the new evidence de- 03-ZimmermanvFultonEtal.pdf. of the man using their bare hands, while the tailed in Zimmerman’s lawsuit is The Re- medical examiner stated the victim was The website of Zimmerman’s attorney Lar- strangled with plastic rope. Needless to say, ry Klayman has extensive information the two were found guilty and sentenced to about Zimmerman’s case, life imprisonment. https://www.larryklayman.com/. Appeals, appeals Note 1: For a detailed description of the crime Both appealed their convictions and sen- being experienced by the residents of The tences, which the High Court affirmed. A Retreat at Twin Lakes see, “The Neighbor- final appeal was lodged with the Supreme hood Zimmerman Watched,” By Ian Tuttle, Court. One, two, three, and then finally four National Review, July 22, 2013. Online at, years passed. Their legal team was becom- https://www.nationalreview.com/2013/07 ing optimistic because-the Supreme Court /neighborhood-zimmerman-watched had never waited so long to review a case. ian-tuttle/ . The article quotes a resident But in July of 1978, some 4 ½ years after whose home was burglarized prior to the the High Court ruling, and nearly 11 years Martin shooting, that because of the rampant after their original arrests, the Supreme crime in the neighborhood, “Everyone felt Court affirmed their convictions and sen- afraid and scared. People were freaked out. tences. No opinion was issued, and the deci- We were calling police at least once a week.” sion was a mere 12 words in length. Sources: The Trayvon Hoax: Unmasking The Witness Fraud That The many years spent waiting for the final Divided America, Joel Gilbert (Actor, Director), Indepen- ruling was a separate tragedy. After a sen- dently published, 272 pgs. Book and DVD documentary tence is handed down, the court calculates available on Amazon.com. how many days were served in detention The Trayvon Hoax website is, https://www.thetrayvonhoax.com/ awaiting trial. The court will then give cred- George Zimmerman v. Sybrina Fulton, et al. (Polk George Zimmerman v. Sybrina Fulton, et al. (Polk it for time served. If a defendant has served County, Fla. Circuit Ct) (filed 12-4-19), p.1 County, Fla. Circuit Ct) Japanese Exoneree cont. on p. 7

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 6 ISSUE 77 - FALL 2019 Japanese Exoneree cont. from p. 6 court commented that if this had been sub- suffering caused by the state’s handling of mitted at the first trial, it is likely that both the evidence. These are very rare in Japan. 120 days in jail, the court might subtract 90 suspects would have been found innocent. On May 23, the court awarded him days from the actual sentence. For most 76,000,000 yen ($690,000). This is the defendants who plead guilty and whose There was also testimony during their retrial highest payout ever for a wrongful convic- trials finish quickly, this allowance is of no from a woman near the scene of the crime tion. The state is expected to appeal and the great consequence. who described a single person who did not actual amount received might be greatly match either suspect. This evidence was reduced. On the other hand, historically, those who hidden from the defense. The woman, now claim innocence and challenge the charges in her 80’s, testified about the event she Sakurai remains determined. “My lawyers have been subjected to very long trials. witnessed 33 years before. thought this decision was a near miracle. I Until Japan’s introduction of the mixed jury thought it was plainly commonsensical. system in 2009 -- six citizens adjudicating a Exoneration and Compensation And I hope the high court thinks so, too.” criminal case with three judges -- trials On May 24, 2011, the two were completely proceeded at a snail’s pace. Hearings were exonerated. Interestingly enough, the two Why would a higher court reduce what usually held twice a month. That is why the were declared guilty for their original appears to be a well reasoned and fair deci- men’s first trial and the subsequent appeal charges of stealing a pair of pants and a belt sion? Judges and prosecutors in Japan are each took three years. (Sakurai); and assault/battery (Sugiyama). all employed by the Ministry of Justice. Both were sentenced to time served. Control over promotions and transfers of Most defendants do not appeal their convic- both professions are decided administra- tion and sentences. Those who do some- After their exoneration, the two were enti- tively by the ministry. A judge ordering the times refrain from taking their claim to the tled to remuneration under the criminal state to pay out a large amount of money for third tier -- the Supreme Court. The reason compensation law. The amount calculated prosecutorial malfeasance is somewhat akin is simple: the defendant will receive no was: 12,500 yen ($115) per day x 365 days to stabbing a colleague in the back. credit for time served while the Supreme x 29 years = 130,000,000 yen ($1,200,000). Court deliberates. The two were charged with court costs of In January of this year, a 75-year-old man 1,500,000 yen ($13,000) for the first set of who spent more than six years in prison The Fukawa defendants spent 4 ½ years trials in which they were wrongfully con- before being acquitted of rape and other awaiting the decision from the Supreme victed. charges in a retrial brought a civil suit seek- Court. Neither received any reduction in ing redress. His accuser later admitted to time for this interminably long wait. State Redress Lawsuit fabricating testimony and the defendant was In addition, Sakurai filed a state redress suit released six years into a twelve year sen- Conditions in Japanese detention centers seeking additional compensation for the tence. are stricter than prisons. Each cell in a prison is equipped The man’s attorneys discov- with a television. Those ered that the teenage accuser awaiting trials in detention received a medical examina- are not allowed a television. tion after filing a report. The Neither of the Fukawa defen- test revealed no evidence of dants viewed a television for sexual violence. The man 11 years. claims that if the police or prosecution had contacted the Retrial medical institution, the truth In 2001, the pair, assisted by of the case would have come pro bono lawyers, filed for to light. It is possible the au- retrial. In 2005, the Code of thorities knew of the test but Criminal Procedure was willingly suppressed it. The amended, and prosecutors man received 28 million yen were bound to submit any ($260,000) for the time he evidence favorable to the de- spent in prison. In addition, he fense. It is somewhat startling brought a civil suit seeking that it took so long to pass a 140 million yen ($1.3 million) law which has been in place for malfeasance. The court de- in the United States since nied his claim. (Asahi Shin- 1962 (Brady v Maryland). bun, January 9, 2019). An appeal has been lodged. The new evidence was some- what astounding. Perhaps the Note about the author: Mi- most egregious item was an chael H. Fox is the director of investigative report on 8 hairs the Japan Innocence and found at the scene. 3 were Death Penalty Information from the victim and the re- Center. Its website is: maining five did not match jiadep.org. either suspect. In making its decision about the retrial, the

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 7 ISSUE 77 - FALL 2019 At the hospital doc- ed her for sentencing on that charge. It also Mitra Javanmardi Acquit- tors noted signs of ordered a new trial on the criminal negli- ted Of Manslaughter By endotoxic shock. gence charge. His condition wors- Canada’s Supreme Court ened until he died Canada’s Supreme Court accepted review of endotoxic shock of Javanmardi’s case. She remained free ontreal naturopath Mitra Javanmardi some hours later. pending the outcome of her appeal. Mhas been acquitted of manslaughter and criminal negligence causing death by Clayvin Herrera outside After an investiga- On November 14, 2019 the Canadian Su- Canada’s Supreme Court. She was convict- the U.S. Supreme Court tion, Javanmardi preme Court issued its majority (5-2) ruling ed in 2018 based on the death of a client in building on Jan. 8, 2019. was charged with reinstating Javanmardi’s acquittals of both 2008 after she intravenously administered criminal negligence causing death and man- charges. In R. v. Javanmardi, 2019 SCC 54 nutrients to him. slaughter. the Court held:

Javanmardi opened a naturopathic clinic in Javanmardi waived a jury trial. During her “The appeal should be allowed and the Quebec in 1985. Her credentials included a bench trial in 2015 the prosecution’s case acquittals restored. degree in science and a doctorate in natur- was based on allegations acts and omissions The Court of Appeal erred in holding opathic medicine. At the time of her pa- by Javanmardi in the administration of the that an intravenous injection is objec- tient’s death she had treated between 4,000 intravenous injection was contrary to Que- tively dangerous regardless of the cir- and 5,000 patients at her clinic, and begin- bec’s Medical Act, and they were evidence cumstances in which it is administered ning in 1992 she administered nutrients by she committed criminal negligence causing or the training, qualifications and expe- way of intravenous injection to about ten death and manslaughter. rience of the person who administers it. patients per week. The Court of Appeal also erred in dis- Javanmardi’s defense was she was trained turbing the accused’s acquittals based Roger Matern and his wife visited Javan- and experienced to give intravenous injec- on its conclusion that her conduct mark- mardi’s clinic on June 12, 2008. The 84- tions, she had acted as a reasonable person edly departed from that of a reasonable year-old Matern had heart disease and would, and her conduct was not negligent. person. These conclusions cannot be sought treatment for breathing problems squared with the trial judge’s findings of because of fluid in his lungs after heart Quebec Provincial Court Judge Louise Vill- fact which the Court of Appeal replaced surgery. He was dissatisfied with treatment emure acquitted Javanmardi of both charges with its own. at his medical clinic, and hoped naturopathy on April 8, 2015. Villemure’s decision was The fault element of both offences re- would improve his breathing. based on her satisfaction Javanmardi had the quire that an accused’s conduct be mea- skill to administer intravenous injections, sured against the standard of a After meeting with Matern for an hour, and she complied with the required proto- reasonable person in their circumstanc- Javanmardi recommended intravenously cols and had taken reasonable precautions es. administered benign nutrients. Matern in- with Matern. Regarding the charge of crim- sisted on having an immediate intravenous inal negligence causing death, Villemure In measuring the accused’s conduct treatment, even though Javanmardi told him decided Javanmardi’s conduct wasn’t con- against this standard in the instant case, she did not normally do that on a first visit. trary to the standard of care a reasonable the trial judge was obliged to consider person would have exercised in her circum- the accused’s prior training, experience Matern complained of being hot and nau- stances. Consequently, the prosecution had and qualifications as a naturopath. The seous after the procedure began. Javanmar- not proved beyond a reasonable doubt that trial judge found that the accused was di stopped the intravenous injection and Javanmardi had showed wanton or reckless properly qualified to administer intrave- checked Matern’s vital signs. They were disregard for Matern’s life or safety. Regard- nous injections and took the necessary stable, he had no fever, and there was no ing the manslaughter charge, Villemure con- precautions at every stage of administer- sign of infection. cluded Matern’s intravenous injection was ing the intravenous injection, including not objectively dangerous. Javanmardi acted observing sufficient protocols to prevent No patient of Javanmardi’s had ever been reasonably, because a reasonable person sepsis. All of the trial judge’s factual infected during an intravenous injection. would not have foreseen that using proper findings, which were based on the evi- She thought Matern could be having a hy- procedures to intravenously administer a dence, amply support the conclusion poglycaemic reaction, and he consumed a benign solution would create a risk of harm. that an intravenous injection, performed spoonful of honey and orange juice at her properly by a naturopath qualified to suggestion. The prosecution appealed. administer such injections, did not pose an objectively foreseeable risk of bodily Matern’s wife and daughter took him home On May 31, 2018 Quebec’s Court of Appeal harm in the circumstances.” because he did not want to go to the hospital. set aside both acquittals. It concluded Ville- mure misstated the elements of criminal Read the ruling in R. v. Javanmardi, 2019 Later that day Javanmardi told Matern’s negligence causing death and manslaughter SCC 54 (CAN Sup. Ct. 11-14-19) at, daughter he needed to stay hydrated and related to the facts of Javanmardi’s case. https://scc-csc.lexum.com/scc-csc/scc- that she needed to take him to the hospital if The appeals court decided intravenous in- csc/en/item/18015/index.do he couldn’t stay hydrated. jection is objectively dangerous and Javan- mardi’s conduct was inconsistent with the Sources: That night Matern’s daughter called an am- actions of a reasonable person. The appeals R. v. Javanmardi, 2019 SCC 54 (CAN Sup. bulance because his condition worsened. court substituted a conviction for Javanmar- Ct. 11-14-19) (Acquitting Javanmardi of di’s acquittal of manslaughter and remand- manslaughter)

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 8 ISSUE 77 - FALL 2019 by an object such as evidence Fennell told them anything Steven Fennell’s Murder a hammer. incriminating about Watson’s murder. Conviction Based On * The examination of his bank records Weak Circumstantial Ev- More than two days from July 2010 to November 2012 did before Watson’s not find any unusual deposits. idence Tossed By Appeals death a woman walking her dogs * Fennell was not found to have any of Court near the mangroves Watson’s money. at Thompson Point teven Fennell has been acquitted of on the island saw a There was a complete absence of forensic, Smurder by Australia’s High Court. Fen- shaving bag sitting physical, confession, or eyewitness evi- nell was convicted in 2016 in the death of Steven Fennell after his ac- in the mud at low dence linking Fennell to Watson’s murder. his 85-year-old friend Liselotte Watson at quittal by Australia’s High tide. It contained a Court on Sept. 11, 2019 Trial her home on Macleay Island, Queensland, (Nine News, Brisbane, AUS) folder of bank doc- Australia in November 2012. Fennell was uments with Wat- Fennell’s trial began in March 2016. released after almost seven years in custody. son’s name on them. There were customer receipts for three withdrawals from Wat- The prosecution argued Fennell murdered Macleay Island has a population of less than son’s account totaling AUS$13,000 from Watson to avoid detection for stealing mon- 3,000 people. It is in Moreton Bay, about 35 August 22, 2012 to September 28, 2012. ey from her. That argument was based on miles southeast of Brisbane, Australia’s three prongs of circumstantial evidence: he third-largest city. Two days after Watson was found dead, a had 1) opportunity; 2) motive; and 3) other police diver searching the water in the man- evidence suggested his guilt. Watson lived alone but she had limited mo- groves discovered a wallet that contained a bility. Fennell was a founding member of Medicare and pension cards in Watson’s The prosecution claimed Fennell’s motive the Macleay Island Lions Club, which did name. A black purse also found was identi- was that to cover his gambling debts, in the shopping and chores for elderly people. As fied as Watson’s by her granddaughter. four months before Watson’s death he with- a member, for one to two years before Wat- About 50 feet from the wallet and purse a drew more than $24,000 from her bank ac- son’s death he regularly visited her for 15 to claw hammer was found. count. 20 minutes, and he assisted her with her Fennell’s Arrest and Investigation shopping and banking, and maintained her The prosecution argued he had the opportu- yard. Fennell was arrested the next day -- Novem- nity because he couldn’t positively prove ber 16. After Fennell’s arrest the police inves- where he was during the time from when One of Fennell’s jobs was he contracted tigation found no direct evidence linking him Watson was seen on the morning of Feb 12 with various businesses to deliver pam- to Watson’s extremely bloody murder during until that afternoon at 3:49 p.m., when he phlets. He was seen delivering a pamphlet which she struggled with her assailant: was recorded on CCTV entering Pub Para- and talking with Watson on November 11, dise on Macleay Island. Prosecutors con- 2012, which he told police was the last time * He was excluded as the source of tended Watson wasn’t killed on November he saw her. DNA recovered from fabric on the shav- 13 because she was found in her night ing bag. clothes and Fennell’s movements that day Liselotte Watson’s Death * A search of his house found no evi- were “reasonably well accounted for.” On the afternoon of November 13, 2012 dence linking him to Watson’s murder. Watson’s body was found in her bedroom Although it had none of Watson’s blood or * A physical examination and photo- DNA on it -- and none of Fennell’s DNA on where drawers had been opened and her graphs of Fennell’s head, face, arms, television was lying on the floor. Police it -- the prosecution argued the hammer re- upper body and legs found no wounds or covered in the water near the mangroves was found only $290 cash in her house, although injuries. they were told by many people she kept the murder weapon. A couple testified Fen- large sums of money on hand. * Forensic examination of his glasses, nell had borrowed that hammer from them clothes, shoes, bike and vehicle found three or four years before Watson’s murder. Watson had been struck on the back of her no blood or other evidence linking him head multiple times. There was blood on her to Watson’s murder. Fennell’s defense was he didn’t need Wat- pillow, bed, the floor, the wall behind the * No forensic or physical evidence was son’s money to pay for his gambling, and bed, and the curtain to the left of the bed. A found in Watson’s house linking him to Watson had given the bank written instruc- towel on the floor and a quilt partially her murder. tions for him to be given the money for wrapped around her were saturated with delivery to her, due to her lack of mobility, * Fennell said nothing incriminating in and she regularly provided money to her blood. There were blood splatters on the conversations heard by police from lis- wall, a table, a clock radio, and a tissue box. daughter who lived on a nearby island. He tening devices installed in his house and also argued it was common knowledge on She had defensive wounds from fighting the motel where he stayed while his her attacker. Macleay Island that Watson kept money in house was being searched. her house, so any number of unknown and Neighbors last saw her outside her house * He said nothing incriminating when uninvestigated people had the motive, mid-morning on November 12, and she interrogated by the police: Steadfastly means, and opportunity to kill her. didn’t collect her paper delivered the morn- insisting Watson was his friend and he ing of the 13th. A pathologist opined he had nothing to do with her murder. After a two week trial the jury found Fen- “preferred” she died sometime on Novem- * None of the many potential witnesses nell guilty on March 21, 2016. He was ber 12, and that she could have been killed interviewed by the police provided any Fennell cont. on p. 10

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 9 ISSUE 77 - FALL 2019 Fennell cont. from p. 9 the evidence from a Mr. Holden and he had not repaid the Mr. and Mrs. money, although he eventually did. sentenced by Judge Martin Daubney the Matheson linking Most fundamentally, however, the evi- same day. Daubney told Fennell: “To have Mr Fennell to the dence pointed to a significant likelihood killed her in such a cruel and callous way hammer became that each of the five withdrawals that bespeaks a base wickedness which is fully essential evidence amounted to $24,000 was authorised by deserving of the sentence I am about to that a reasonable Mrs Watson.” [14] impose,” which was life in prison. jury would have Liselotte Watson been required to The Court concluded: Appeals (family photo) accept before convicting Mr. “It was not open to the jury to be satis- Fennell’s appeal was denied by Queen- Fennell. To use Wigmore’s metaphor, fied of Mr Fennell’s guilt beyond rea- sland’s Court of Appeal in July 2017. the evidence from Mr. and Mrs. sonable doubt. The Court of Appeal Matheson became by far the most sig- should have allowed the appeal, quashed Australia’s High Court accepted Fennell’s nificant of the “strands in a cable” sup- the conviction, and entered a verdict of case for review. porting the conviction. But the evidence acquittal. For the reasons above, we of Mr and Mrs Matheson should have made orders to that effect.” [28] After its hearing on September 11, 2019, the had so little weight that, at best, it was High Court of Australia unanimously barely admissible.” (The Court noted The High Court ruling in Fennell v. quashed Fennell’s murder conviction and elsewhere in its ruling the Matheson’s The Queen [2019] HCA 37 (High Court of ordered his acquittal. He was also ordered testimony linking Fennell to the ham- Australia, 11-6-2019) can be read at, released: he had been in custody for 6 years mer “was glaringly improbable.” This is http://eresources.hcourt.gov.au/downloa and 10 months since his arrest. The Court detailed on pp. 23-25.) [2] dPdf/2019/HCA/37. stated it would publish the reasons for its ruling at a later date. The Court also observed the evidence didn’t It can be expected that Fennell will sue for support or even suggest that Fennell needed ex gratia compensation. Fennell was released later in the day on Watson’s money to pay gambling debts -- September 11. During his first media inter- that there was no evidence existed -- or that JD Note about Steven Fennell’s case: view he expressed his anger about spending he had increased his gambling activity in almost seven years in prison: “I’m pissed the months before her murder. The Court Fennell’s case is a text book example of the and it doesn’t end here. I was an easy and stated: danger of the police and prosecutors relying simple target. I gambled, I knew Mrs Wat- on inductive reasoning to “solve” a crime son, I must have done it. If I hadn’t been a “The only broad conclusions that can be before they have evidence the perpetrator wayward teenager and not a very good per- drawn from the evidence are that Mr. they’ve identified actually committed the son earlier, I never would’ve been under the Fennell’s general gambling habits had crime. That process often becomes one of radar of police.” not apparently changed and that any trying to fit a round peg in a square hole. overall losses that Mr. Fennell suffered Fennell was hastily arrested, and the inves- He also told the reporter: “I don’t know over the period of his gambling ap- tigation that followed failed to find evi- (who killed her) but I’ve said all along, I don’t peared to be sustainable.” [14] dence implicating him in the crime. Instead believe anybody intended to kill Mrs Watson. of throwing in the towel and admitting they I believe that it was a bungled burglary.” Regarding the money withdrawn from Wat- had arrested and charged the wrong man, son’s account that her bank had given to the police and prosecutors concocted a story On November 6, 2019 the High Court re- Fennell, the Court ruled: built around Fennell’s gambling to paint leased its written judgment for quashing “Although the total of $24,000 with- him as a murderer. If Watson’s murder had Fennell’s conviction. It was based on the drawn in those months was larger than been thoroughly investigated the killer may prosecution’s weak circumstantial evidence usual, it was not extravagantly so. An have have been identified. But the police was insufficient evidence to prove his guilt exhibit summarising Mrs. Watson’s weren’t looking to follow the evidence to beyond a reasonable doubt. The ruling in bank statements from November 2007 find Watson’s killer, they were looking to Fennell v. The Queen [2019] HCA 37 stated until November 2012 showed that over pin the crime on Fennell. The killer was in part: those five years she withdrew $148,297, given a free pass unless a real investigation is undertaken, which will be much more “The Crown case concerning opportuni- usually in amounts between $2,000 and $5,000. Ms. McKie also gave evidence difficult with the passage of seven years ty and motive was extremely weak. Mr since Watson’s murder. Fennell’s opportunity was, at best, a that shortly before Mrs. Watson was very small window of time which re- murdered Ms. McKie had overheard Sources: quired an assumption about the time of Mrs. Watson in her backyard speaking Fennell v. The Queen [2019] HCA 37 (High Court of the murder that was contradicted by to tradespeople about “doing a pergola.” Australia, 11-6-2019) other evidence. Even with that opportu- ... I’m pissed’: Steven Fennell speaks out after Macleay nity, the evidence of opportunity and ... The withdrawals amounting to Island murder acquittal, By Jocelyn Garcia, Brisbane $24,000 in the three months before her Times, September 12, 2019 motive did not put Mr Fennell in a rele- Man convicted of murdering 85-year-old woman on vantly different position from any of the death ... was not novel. Between March and May 2010, she withdrew $18,000 ... Macleay Island, By AAP, Brisbane Times, September numerous other people who shared the 21, 2016 One of the withdrawals in the period common knowledge that Mrs Watson Steven Fennell sentenced to life in prison for kept large sums of money in her house. from March to May 2010 was of Macleay Island murder of Liselotte Watson, By Louisa As the Crown properly accepted in this $11,000. Mrs. Watson told various of Rebgetz, ABC News (Australia), March 21, 2016 appeal, once that conclusion is reached her friends that she had lent $11,000 to

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 10 ISSUE 77 - FALL 2019 indirect disparaging statements in public Stalking Conviction regarding plaintiff being a child Based On Accusing molest[e]r.” Neighbor Of Being Pedo- ... The PFS order restricts Smith’s speech phile Overturned By based on its content in advance of its Kansas Appeals Court actual expression, so it is presumptively Kansas Judicial Center - Court of Appeals unconstitutional. [14] isa A. Smith’s stalking conviction was THE STATE FAILS TO SHOW Loverturned by the Kansas Court of Ap- free-speech and her prosecution was uncon- THAT THE PFS ORDER SERVES A peals on September 27, 2019. Smith’s con- stitutional. COMPELLING INTEREST viction was based on her violating an Restrictions on free speech are valid Douglas County District Court Judge Peggy anti-stalking order by publicly accusing her only where narrowly tailored to serve Kittel found Smith was guilty of violating neighbor of being a pedophile. The Court compelling public interests and where the order and stalking Perez. Smith was ruled the order was unconstitutional prior no less restrictive alternatives are avail- sentenced to 90 days in jail, which the judge restraint of her First Amendment right to able. free speech. suspended in lieu of her successfully com- pleting 12 months probation. .... In 2016 or early 2017 Smith accused her The State fails to show that it has a neighbor Jonathan Perez of sexual miscon- Smith appealed. compelling state interest in protecting duct with Smith’s child. citizens from slanderous statements, On September 27, 2019 the Kansas Court of generally. Instead, the legitimate gov- Smith and Perez both received temporary Appeal set-aside Smith’s stalking convic- ernmental purpose of these [PFS] stat- restraining orders in April 2017 that barred tion on the basis the PFS order was an utes is to prevent physical violence. stalking by the other. After a joint trial in improper prior restraint of her constitutional ... June 2017, the judge granted Perez a final right to freedom of speech. The Court’s We thus find the PFS order, as applied, protection from stalking (PFS) order, while ruling in Kansas v. Smith (2019) stated in is an improper prior restraint of Smith’s denying Smith an order. The PFS order part: constitutional right to freedom of prohibitions included: “Defendant shall not speech. Accordingly, we reverse the make direct or indirect disparaging state- “SMITH’S SPEECH WARRANTS conviction and vacate Smith’s ments in public regarding plaintiff being a FIRST AMENDMENT PROTEC- sentence.”[16] child molest[e]r.” TION The State invokes the defamation cate- Read Kansas v. Smith, No. 119919 (KS Ct Smith was entering her residence in No- gory, arguing that Smith’s speech is not of Appeals, Sept. 27, 2019) at, vember 2017 when she “turned toward her entitled to First Amendment protection https://law.justia.com/cases/kansas/court husband who was standing in their drive- because it was “almost certainly defam- -of-appeals/2019/119919.html. way and said, “come inside away from the atory.” Yet... pedophile.”” 1. The State fails to show that Smith’s Her comment was heard by Perez and his slanderous statement is unprotected. family from their home, and it was audio 2. The State fails to show that Smith’s recorded by their outside surveillance sys- statement was false. Visit Justice Denied’s tem. 3. The State fails to show that Smith’s Website statement was knowingly false. www.justicedenied.org Perez reported Smith’s comment to the au- thorities, and she was charged with violat- 4. The State fails to show that Smith’s Back issues of Justice: Denied can be read, ing the PFS order. The trial judge denied statement damaged Perez’ reputation. there are links to wrongful conviction web- Smith’s motion to dismiss the case based on No facts thus make a prima facie show- sites, and other information related to her arguments the PFS order violated her ing that Smith's statement was defama- wrongful convictions is available. JD’s right to free-speech, and her prosecution for tory ... As a result,we find that Smith’s online Bookshop includes more than 70 violating Kansas’ stalking law was uncon- statement warrants First Amendment wrongful conviction books, and JD’s Vid- stitutional. protection. [12] eoshop includes many dozens of wrongful conviction movies and documentaries. THE PFS ORDER IS A CONTENT- Smith waived her right to a jury trial and BASED RESTRICTION agreed to a bench trial based on the stipulat- ed facts a PFS order had been issued; it The State contends that it is unclear prohibited Smith from making public state- whether the PFS order is a content ments Perez was a child molester; and it based restriction ... was in effect at the time Smith stated loud We find it clear that the PFS order is a enough for Perez to hear her assertion he content-based prior restraint on speech. Justice Denied’s Wordpress page has was a pedophile. Smith offered no addition- It is a court order forbidding a specific al evidence during the trial, but renewed her the latest articles and information. See, speaker from specific expression. It en- www.justicedenied.org/wordpress arguments the PFS order violated right to joins Smith from “mak[ing] direct or

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 11 ISSUE 77 - FALL 2019 relied on to pled Dehumanization Is Doctor’s Conviction for guilty. It formed the Breaching Medical Con- basis of Chiang’s Not An Option appeal to overturn An Inquiry Into Law fidentiality Overturned his conviction. by Appeals Court Enforcement and Prison Behavior On October 18, By Hans Sherrer r. Soo Shuenn Chiang’s conviction for 2019 Singapore’s This compilation of essays and reviews Dbreach of a patient’s medical High Court explains that the dehumanization charac- confidentiality was overturned by reversed Soo teristic of institutionalized law enforce- Singapore’s High Court on October 18, Chiang’s ment processes is as predictable as it is 2019. Dr. Soo Shuenn Chiang conviction based inevitable. The beginning point of think- (NUH) on insufficient ing about alternatives to the dehumaniz- In 2015 Chiang was the director of the evidence he illegally breached his patient’s ing aspects of law enforcement systems is Neuroscience Clinic at the National confidentiality. The Court ruled Chiang had understanding their causes. The essays University Hospital in Singapore. taken reasonable, appropriate steps, and had include: good reason to disclose his patient’s · Quiet Rage: The Stanford Prison Experi- A female patient filed a complaint that confidential information to her husband. ment Chiang had provided a memo of personal · Obedience To Authority Is Endemic medical information to her brother without The Court’s ruling stated: “As a · Dehumanization Paves The Path To her consent. She further alleged her brother preliminary point, a doctor may disclose a Mistreatment posed as her husband during a call to the patient’s confidential medical information Softcover. $12 hospital to request the information. The without her consent when he reasonably Buy from Amazon.com at, memo detailed Chiang’s assessment the regards it as necessary to protect the patient http://tinyurl.com/yb7hd4v8 woman was depressed, misused alcohol, from potentially serious self-harm; and she was at risk of self-harm from her disclosure is in the patient’s best interests; depression. The brother used the and the patient’s consent cannot reasonably information in the memo to get a personal be obtained. ...In such circumstances, the protection order against his sister. disclosure should be made to those closest to the patient, such as her next of kin.” The Based on the narrative described in the Court also determined Chiang could not be Justice Denied’s Mobile De- patient’s complaint, Chiang pled guilty on held responsible for how the husband might vice Homepage Is Online! March 5, 2019 to one count of breaching a decide to use the information in the memo, patient’s medical confidentiality. He was since he expected it to be delivered to the ustice Denied’s mobile device homepage is online. The mobile friendly homepage fined S$50,000 (about US$37,000) and husband as he had instructed. The Court J explained: “Any administrative failings of has the narrow width recommended for ordered to pay court costs. Chiang didn’t smartphones and other mobile devices. fight the charge because he wanted to put the clinic staff in handing the memorandum the episode behind him. to the brother contrary to Dr Soo’s Justice Denied’s homepage detects when it [Chiang’s] instructions would fall outside is accessed by a mobile device, and the user Nine days after he pled guilty and was the scope of Dr Soo’s duty to maintain the is automatically redirected to the mobile homepage. There is also a link to the mobile sentenced, the Singapore Medical Council complainant’s medical confidentiality.” homepage in the upper right-hand corner of (SMC) announced on March 14 it would Justice Denied’s homepage. apply to the High Court for a reduction in Consequently, the charge against Chiang Chiang’s fine. had not been proven and the Court set aside The mobile friendly homepage was created his conviction. because more than half of all visitors to JD’s Shortly afterwards, the patient’s brother website now use a hand-held device. The published on social media his account of the Beyond its analysis of his case’s facts, the following shows the growth of hand-held devices used to access justicedenied.org. incident. He stated he did not call the Court laid some responsibility on Chiang hospital, but that his sister’s husband had for his conviction: “These [new] factual Year Desktop Mobile Tablet called and requested her medical elements should and likely would have 2008 100% information. However, he picked up the been brought forth earlier had Dr. Soo 2009 99.7% 0.3% memo instead of her husband. [Chiang] not been so keen to put this matter 2010 97% 3% behind him, regardless of the cost to him 2011 92% 8% 2012 82% 13% 5% SMC’s investigators then interviewed and and, it seems, to the medical profession.” 2013 72% 19% 9% obtained statements from both the brother 2014 61% 28% 11% and the husband about the incident. Sources: High Court overturns conviction of doctor fined 2015 51% 37% 12% S$50,000 for giving out patient’s details, By Staff, 2016 50% 39% 11% The key new information that it was the Channel NewsAsia, October 18, 2019 2017 49% 43% 8% husband who called Chiang and requested Singapore Medical Council to appeal doctor’s 2018 47% 45% 8% his wife’s medical records -- and he had the conviction after he gave out patient’s details, By Staff, 2019 45% 47% 8% legal right to do so -- contradicted the Channel NewsAsia, May 21, 2019 Justice Denied’s mobile device homepage Agreed Statement of Facts that Chiang is www.m.justicedenied.org.

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 12 ISSUE 77 - FALL 2019 ries were caused by Lorraine provided an affidavit to the prose- M. Robert Neulander falling in the show- cutors in which she denied most of DiTota’s Granted New Trial Based er. assertions, and swore she didn’t discuss jury deliberations with her. She even stated: “At On Juror Misconduct Of After a three-week all times throughout the trial and throughout Texting About Case And trial the jury found the deliberative process I followed Judge Neulander guilty of Miller’s instructions.” Doing Internet Research both charges in March 2015. Menkin obtained a subpoena for forensic r. M. Robert Neulander was granted a examination of Lorraine’s mobile phone. It new trial by the New York Court of Dr. M. Robert Neulander The couples four revealed Lorraine had made over 7,000 D during sentencing hearing Appeals on October 22, 2019 based on a on July 30, 2015 in Onon- children supported texts during the trial that included hundreds juror’s egregious misconduct. The juror’s daga County Court (Syra- their father, and with family and friends about the case. The conduct included defying the judge’s orders cuse Post Standard) along with Leslie’s exam also found Lorraine had recently by researching the case on the Internet and sister, requested in deleted many messages and her phone’s sending hundreds of text messages during writing that the judge give him a lenient Internet browsing history to try and cover the trial. Neulander was convicted in 2015 sentence. His daughter Jenna, who was her tracks, but she left evidence that of murdering his wife in 2012 and tamper- home at the time her mother died and called included visits to a local news website that ing with physical evidence. 911, cried out in court during the had over 300 stories about the case. The sentencing: “Daddy, I love you!” Judge examination showed Lorraine blatantly lied In September 2012 Leslie Neulander died in Thomas J. Miller took the requests into to the judge when she was questioned the family home in Manlius, New York, a consideration in sentencing Neulander to 20 during the deliberations, and her affidavit suburb of Syracuse. years to life in prison on July 30, 2015. included false and misleading statements.

Neulander was a prominent obstetrician-gy- Neulander’s Conviction Clouded By One of the texts was from her father who necologist in the Syracuse area. He told Juror Misconduct told her: “Make sure he’s guilty.” A friend police his wife fell while showering, and he referred to Neulander repeatedly in texts as carried her into their bedroom where he Although Neulander had been sentenced “scary.” tried to resuscitate her. 911 was called by and was serving his prison sentence, his one of the Neulander’s daughters who was conviction was clouded by juror Judge Miller held an evidentiary hearing home. misconduct. concerning Lorraine’s misconduct, during which she admitted the texting violated the The Onondaga County Medical Examiner At the end of the second day of judge’s rules. Although Miller ruled who performed Leslie’s autopsy ruled her deliberations Neulander’s lawyer, Edward Lorraine had engaged in serious misconduct death was an accident caused by her hitting Menkin, saw juror number 12, Johanna and prevarication by texting hundreds of her head during a fall in the shower. Howev- Lorraine, talking with a discharged alternate times about the case, researching the case er, after discussing the case with Onondaga juror. He reported it to Judge Miller and on the Internet, deleting texts and her County prosecutors and other pathologists, requested that Lorraine be questioned prior browsing history to try and conceal what he changed the cause of death to homicide to deliberations resuming the next day. she had done, and lying when questioned by from trauma to her head. the judge and in her affidavit, on June 27, Lorraine was questioned by the Judge the 2016 he denied Neulander’s motion for a Neulander was charged with second-degree next morning and she admitted talking with new trial. He didn’t think Lorraine’s murder and tampering with physical evi- the discharged juror, Elisabetta DiTota. misconduct deprived Neulander of a fair dence -- which was based on his admission However, she said they didn’t discuss the trial. he moved her from the shower. case and she hadn’t discussed the case with anyone except jurors during deliberations. Neulander appealed. The Neulanders had been married for 30 Later that day the jury returned with its years. Although they were in the midst of a verdict finding Neulander guilty of all On June 29, 2018 in a 3-2 majority decision divorce, they were living together in the charges. the New York Supreme Court Appellate family home at the time of Leslie’s death. Division overturned Neulander’s convic- After the verdict was announced DiTota tion and ordered a new trial based on Lor- During Neulander’s trial the prosecution’s contacted Neulander’s lawyer and told him raine’s misconduct. The ruling stated in circumstantial case was based on their con- that contrary to the judge’s repeated part: tention he killed his wife during a fit of instruction prohibiting outside “We observe that, had this juror's mis- rage. They presented expert testimony Les- communications, Lorraine had been using conduct been discovered during voir lie’s injuries and blood in the hallway and the Internet and social media during the trial, dire or during the trial, rather than after bedroom were more extensive than what and when they talked after the second day of the verdict, the weight of authority un- would have been caused by her falling in deliberations Lorraine told her the jury was der CPL 270.35 would have compelled the shower and him carrying her. evenly divided for acquittal and conviction. her discharge on the ground that she was grossly unqualified and/or had engaged Neulander’s defense was he found Leslie in Menkin filed a motion to set-aside the jury’s in misconduct of a substantial nature. ... the shower and carried her into their bed- verdict and for a new trial based on Here, due to juror number 12's flagrant room where he tried to resuscitate her. He Lorraine’s misconduct. presented expert testimony his wife’s inju- Neulander cont. on p. 14

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 13 ISSUE 77 - FALL 2019 Neulander cont. from p. 13 Juror 12 lied under oath to the court, &as_sdt=806. deceived the People and the court by failure to follow the court’s instructions providing a false affidavit and tendering The prosecution now has to decide if it and her concealment of that substantial doctored text message exchanges in wants to proceed with a retrial, offer Neu- misconduct, defendant, through no fault support of that affidavit, selectively de- lander a plea deal, or dismiss the charges. of his own, was denied the opportunity leted other text messages she deemed One interesting fact that came out of the to seek her discharge during trial on the “problematic,” and deleted her now-ir- investigation into Lorraine’s misconduct ground that she was grossly unqualified retrievable Internet browsing history. was the jury was deadlocked six for acquit- and/or had engaged in substantial mis- The cumulative effect of Juror 12’s ex- tal and six for conviction just hours before conduct. [1767] treme deception and dishonesty compels the jurors voted to convict him. It isn’t We conclude that every defendant has a us to conclude that her “improper con- known what caused the six jurors to cave in right to be tried by jurors who follow the duct . . . may have affected a substantial the last hours — Did Lorraine say some- court's instructions, do not lie in sworn right of defendant.” [2] thing to sway them? — but Neulander’s affidavits about their misconduct during ... The Appellate Division ... reversed lawyers know the prosecution’s case wasn’t the trial, and do not make substantial the judgment and granted a new trial, a slam dunk and with a different jury the efforts to conceal and erase their mis- with the majority observing that “every outcome could be different. conduct when the court conducts an defendant has a right to be tried by ju- inquiry with respect thereto. These rors who follow the court’s instructions, Sources: People v. Neulander, 71 Opn 19 (NY Ct. of App, rights are substantial and fundamental to do not lie in sworn affidavits about their 10-22-19) (juror misconduct warrants new trial) the fair and impartial administration of misconduct during the trial, and do not People v. Neulander, 162 AD 3d 1763 - NY: Appellate a criminal trial. Presented with the total- make substantial efforts to conceal and Div., 4th Dept. 2018, ity of the circumstances here, we thus erase their misconduct when the court Dr. Robert Neulander found guilty of killing his wife conclude that defendant established by a conducts an inquiry with respect there- and tampering with evidence, By Douglass Dowty, preponderance of the evidence that juror to.” [] We agree that the extensiveness Syracuse Post Standard, March 22, 2015 number 12 engaged in substantial mis- and egregiousness of the disregard, de- Dr. Neulander sentenced to 20 years to life in state conduct that “created a significant risk ception, and dissembling occurring here prison for murdering wife, By Douglass Dowty, that a substantial right of ... defendant leave no alternative but to reverse the Syracuse Post Standard, July 30, 2015 was prejudiced.” [] As a result, the judg- judgment of conviction and remit for a The Juror Who Exchanged 7,000 Text Messages: ment must be reversed and a new trial new trial and compel us to affirm pub- The conviction of a Syracuse doctor for murdering his wife hangs in the balance over juror misconduct, By granted.” [1768] licly the importance of juror honesty.” Christian Nolan, New York State Bar Assoc. Journal, [2-3] March 2019 The State appealed, arguing Neulander’s ... This is not a case of stray texts or misconduct wasn’t serious enough to war- inadvertent misstatements. ... [3] rant a new trial, as two judges argued in their dissent. In this case, a sworn juror, when exam- ined by the court about the breadth of After three years in prison, the 66-year-old her outside communications was repeat- Neulander was released on $1 million bail edly and deliberately untruthful about in 2018 pending the outcome of his case. the scope of that misconduct and affir- matively sought to conceal evidence of her misconduct. That extraordinary and Justice Denied’s Facebook page is On October 22, 2019 the New York Court regularly updated with information of Appeals unanimously affirmed the dishonest behavior by a juror purpose- related to wrongful convictions. Jus- Appellate Division’s ruling. In People v. fully selected to be a fair and objective Neulander, 71 Opn 19 (NY Ct. of App, arbiter of the facts in the case causes tice Denied’s homepage has a link 10-22-19) the Court’s ruling stated in part: irredeemable injury to the judicial sys- to the Facebook page. tem and the public’s confidence in it.” www.justicedenied.org “We agree that, on this record, he is [4] entitled to a new trial. “Nothing is more basic to the criminal process than the The People contend that even if Juror 12 right of an accused to a trial by an im- engaged in misconduct, “that miscon- partial jury” duct is significantly outweighed by the ... substantial proof of guilt presented at Justice Denied’s Throughout the trial, one of the jurors, trial.” However, “[t]he right to a fair trial Article Index Juror 12, sent and received hundreds of is self-standing and proof of guilt ... can text messages about the case. Certain never be permitted to negate this right” www.justicedenied.org [5] text messages sent and received by Juror There are links to all Justice De- 12 were troublesome and inconsistent Accordingly, the order of the Appellate nied articles published since Is- with the trial court’s repeated instruc- Division should be affirmed.” [5] tions not to discuss the case with any sue 1 in 1999 in the Justice person and to report any attempts by Read the Appellate Divisions ruling in Peo- Denied Article Index. There are anyone to discuss the case with a juror. ple v. Neulander, 162 AD 3d 1763 (NY: more than 1,500 articles in the Juror 12 also accessed local media web- Appellate Div., 4th Dept. 2018) at, Index concerning cases or issues sites that were covering the trial exten- https://scholar.google.com/scholar_case? in every state in the U.S., and sively. In order to hide her misconduct, case=6619941163598387058&q=People+ more than 50 countries. v.+Neulander,+162+A.D.3d+1771&hl=en

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 14 ISSUE 77 - FALL 2019 cial proceedings against Plaintiff with- Kirstin Lobato’s federal out any probable cause for doing so and lawsuit claims murder in spite of the fact that they knew Plain- tiff was innocent. ... Thowsen and La- frame-up by Las Vegas Rochelle’s misconduct described in this Detectives Thomas Count was undertaken pursuant to the policies, practices, and customs of De- Thowsen and James La- fendant LVMPD...

Rochelle Count 4. ... Defendants Thowsen and Kirstin Blaise Lobato (middle top), Becky Lobato (step-mother, left top), Larry Lobato (father, right LaRochelle each stood by without inter- By Hans Sherrer top), and Michelle Ravell (middle bottom) outside vening to prevent the violation of Plain- the Clark County Detention Center after Blaise’s tiff’s constitutional rights, even though release on January 3, 2018 (Justin McAffee) irstin Blaise Lobato has filed a federal they had the opportunity to do so. Kcivil rights lawsuit in Las Vegas whole life ahead of her. Plaintiff was against the Metropolitan Police Department irreparably and immeasurably harmed Count 5. ... Prior to Plaintiff’s convic- and former-Detectives Thomas Thowsen when years of life were unjustly stolen tion, Defendants Thowsen and LaRo- and James LaRochelle. Her suit alleges from her. This lawsuit seeks a measure chelle, acting in concert with other Thowsen and LaRochelle were complying of redress for the wrongs done to Plain- co-conspirators, known and unknown, with standard Metro practices when they tiff, as well as to deter future miscon- reached an agreement among them- conspired to frame her for the July 8, 2001 duct.” selves to frame Plaintiff for a crime she homicide of Duran Bailey in Las Vegas. did not commit and thereby to deprive Thowsen and LaRochelle arrested the 18- The following is a summary of the lawsuit’s her of her constitutional rights ... year-old Lobato on July 20, 2001, and she claims: was charged with first-degree murder. Count 6. ... Defendants Thowsen and Count 1. ... Thowsen and LaRochelle, LaRochelle, acting as investigators, in- Lobato served more than 15 years in prison acting as investigators, individually, dividually, jointly, and in conspiracy for Bailey’s homicide before her release on jointly, and in conspiracy with one an- with each other, and maliciously, insti- January 3, 2018. other, forced Plaintiff to incriminate her- tuted or continued the prosecution of self falsely and against her will, in Plaintiff without probable cause. As a Lobato was convicted in 2002 of murder, violation of her rights secured by the consequence of the criminal prosecu- but the Nevada Supreme Court overturned Fifth and Fourteenth Amendments. ... tion, Plaintiff was unlawfully seized, her convictions in 2004. She was convicted Upon information and belief, the mis- deprived of liberty, and wrongfully con- of the lesser charge of manslaughter after conduct described in this Count was victed of a crime of which she is inno- her retrial in 2006. undertaken pursuant to the policy and cent. practices of Defendant LVMPD ... Her 2006 convictions were overturned in Count 7. ... Defendants Thowsen and December 2017 and a new trial was or- Count 2. ... Thowsen and LaRochelle, LaRochelle ... procured and exerted in- dered, based on new forensic evidence es- acting as investigators, individually, fluence to continue a criminal proceed- tablishing Bailey died at a time when the jointly and in conspiracy with each oth- ing against Plaintiff, with an ulterior prosecution conceded she was at her home er, deprived Plaintiff of her constitution- purpose other than resolving a legal dis- in Panaca, 170 miles from Las Vegas. The al right to due process and a fair trial. ... pute or resolving the guilt or innocence Clark County DA declined to retry her and Thowsen and LaRochelle fabricated and of Plaintiff in the murder of Duran Bai- the charges were dismissed. solicited false evidence, as well as with- ley. held exculpatory evidence from Plaintiff Lobato’s lawsuit filed in U.S. District Court and from state prosecutors, among oth- Count 8. ... Defendants Thowsen and in Las Vegas alleges: ers, thereby misleading and misdirect- LaRochelle, acting as investigators, in- ing the criminal prosecution of Plaintiff. dividually, jointly, and in conspiracy “As a result of egregious misconduct by ... Thowsen and LaRochelle subjected the Defendants [Metro, Thowsen and with each other, engaged in extreme and Plaintiff to arbitrary governmental ac- outrageous conduct with the intention LaRochelle], Plaintiff Kirstin Blaise Lo- tion that shocks the conscience in that bato was wrongfully convicted of a of, or with reckless disregard for, caus- Plaintiff was deliberately and intention- ing Plaintiff emotional distress, and murder that she did not commit. ally framed for a crime of which she is ... Plaintiff suffered severe or extreme totally innocent ... Thowsen and LaRo- emotional distress. Although Defendants knew that Plain- chelle’s misconduct described in this tiff could not have committed the crime, Count was undertaken pursuant to the they decided to pin the murder on her Count 9. ... Defendants Thowsen and policies, practices, and customs of De- LaRochelle, acting in concert with other by, among other things, fabricating evi- fendant LVMPD... dence, obtaining involuntary state- known and unknown co-conspirators conspired and intended by concerted ments, and ignoring clear evidence of Count 3. ... Defendants Thowsen and Plaintiff’s innocence. action to accomplish an unlawful objec- LaRochelle, acting as investigators, in- tive for the purpose of harming Plaintiff, dividually, jointly, and in conspiracy which resulted in damage to her. ... At the time that she was wrongfully with each other, accused Plaintiff of framed for the murder, Plaintiff had just criminal activity and exerted influence completed high school and had her to initiate, continue, and perpetuate judi- Lobato cont. on p. 16

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 15 ISSUE 77 - FALL 2019 Lobato cont. from p. 15 wrongly imprisoned 9 years for rape. talk to a witness who could have under- * $6.5 million for Chaunte Ott, wrongly mined what she told him. Count 10. ... Nevada law provides that imprisoned 13 years for murder. LVMPD is directed to pay any tort judg- * $6.375 million for Larry Gillard, The Clark County Public Defender’s Of- ment for compensatory damages for wrongly imprisoned 17 years for rape. fice. PD Phil Kohn acted as Lobato’s attor- which their employees are liable within ney during her preliminary hearing in the scope of their employment activities. Lobato’s case is: Lobato v. Las Vegas Met- August 2001. Lobato could argue there is Defendants Thowsen and LaRochelle ropolitan Police Department, et. al., Case evidence in the public record supporting were employees of the Defendant No. 2:19-cv-01273 (USDC Nev.) (Filed 7- that but for Kohn’s performance, at least LVMPD and acted within the scope of 23-19). one of the felony charges could have been their employment at all times relevant in dismissed against her, which would have committing the actions and omissions Lobato could also file a federal civil rights undermined the DA’s case and possibly described herein. lawsuit against several other government resulted in the dismissal of all charges prior entities and their agents that aided her to her first trial in 2002. Thowsen and LaRochelle filed a response wrongful convictions. Those include: on September 13, 2019 that sought to have The Clark County District Attorney’s Of- seven of the claims dismissed for legal or The Clark County Special Public Defenders fice. Lobato could argue there is evidence in procedural reasons. The three claims they Office. A key hurdle Lobato must overcome the public record supporting malicious did not seek to dismiss -- and which they to win a federal civil rights lawsuit is to prosecution claims against former DA Da- may be willing to negotiate a settlement or prove a government agent or agency violat- vid Roger; current DA Steven Wolfson; the go to trial for a jury to decide -- are Count 2 ed one or more of her constitutional rights. two ADAs who prosecuted Lobato at trial, (fabricating and withholding evidence, and That hurdle was overcome in a claim Sandra DiGiacomo and current Clark Coun- inadequate investigation); Count 5 (conspir- against the SPD by Judge Stefany Miley’s ty District Court Judge William Kephart; acy); and Count 10 (Metro’s financial liabil- Order overturning Lobato’s convictions on and the DA’s Office itself for fostering an ity for conduct by Thowsen and the basis the SPD violated her constitutional environment and permitting practices that LaRochelle). right to effective assistance of counsel by resulted in Lobato’s wrongful prosecution failing to investigate Bailey’s time of death and convictions. Kephart also signed the Lobato is represented by the Chicago based in preparation for her trial. The Clark Coun- DA’s response that opposed the granting of law firm of Loevy & Loevy, which filed a ty DA’s Office did not appeal that ruling. Lobato’s habeas corpus petition filed in response to the Motion to Dismiss on Octo- As the above list indicates she could be May 2011. The DA’s vigorous opposition ber 18. U.S. District Court Judge Richard awarded a very substantial multi-million to her petition resulted in her spending an Boulware has not yet made a ruling on the dollar award from Clark County because of additional 6 years and 8 months in prison motion. the SPD’s unconstitutional conduct. before her convictions were overturned and she was released. Loevy & Loevy has won over $200 million The Clark County Coroner’s Office. Lobato for wrongly convicted clients. Some of could argue there is evidence in the public There is no shortage of Clark County (and those awards are: record the Coroner may have gamed his Lincoln County) agencies and employees testimony about Bailey’s time of death, and whose conduct directly resulted in or direct- * $40 million for five co-defendants that testimony assisted the DA’s Office to ly contributed to Lobato’s prosecution wrongly imprisoned a total of 75 years negate Lobato’s alibi and obtain her wrong- and/or conviction for a crime that forensic for murder & rape. ful convictions. Lobato could argue that evidence and uncontested alibi witnesses * $31 million for four co-defendants without the Coroner’s possibly shady testi- prove was impossible for her to have com- wrongly imprisoned a total of 63 years mony her uncontested alibi evidence about mitted. for murder & rape. when she was in Panaca would have pre- * $25 million for Thaddeus J. Jimenez, vented her from twice being wrongly con- Justice Denied conducted the post-convic- wrongly imprisoned 16 years for murder. victed. tion investigation of Kirstin Lobato’s case * $20 million for Juan A. Rivera Jr., that discovered the new forensic entomolo- wrongly imprisoned 20 years for murder Lincoln County. Lincoln County Juvenile gy evidence proving Bailey died in Las & rape. Officer Laura Johnson twice spoke with Vegas at a time when it is known Lobato * $17.35 million for Jacques Rivera, Thowsen prior to him arresting Lobato for was in Panaca. That new evidence resulted wrongly imprisoned 21 years for murder. Bailey’s homicide. Johnson was the only in the dismissal of her charges and her re- * $16.4 million for Juan Johnson, person Thowsen talked with who claimed to lease from prison. Detailed information wrongly imprisoned 11 years for murder. have pertinent information about Lobato, about Lobato’s case is on Justice Denied’s * $15.5 million for Theodore W. White before he arrested her. Lobato could argue website at, Jr., wrongly imprisoned 5 years for sex- there is evidence in the public record John- http://justicedenied.org/kbl.htm. ual assault. son relayed both inflammatory uncorrobo- * $13.2 million for David Ayers, rated third-hand gossip and false Kirstin Blaise Lobato’s Unreasonable Con- wrongly imprisoned 11 years for murder. information to Thowsen about her, and that viction: Possibility Of Guilt Replaces Proof * $10.25 million for Alton Logan, Johnson also discouraged him from talking Beyond A Reasonable Doubt can be down- wrongly imprisoned 26 years for murder. to a key witness. Lobato could argue she loaded at no charge at, * $10 million for Eric Caine, wrongly wouldn’t have been arrested for Bailey’s http://justicedenied.org/lobatobook.ht imprisoned 25 years for murder. homicide if Johnson -- while acting as the ml. It is the definitive book about Lobato’s * $9.3 million for James Kluppelberg, LCJO -- had not trafficked in innuendo, case written by Justice Denied’s publisher wrongly imprisoned 24 years for murder. been truthful, and did not want Thowsen to and editor Hans Sherrer. * $9 million for Alejandro Dominguez,

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 16 ISSUE 77 - FALL 2019 to obstruct and im- dence sought by federal grand jury subpoe- New York Judge Sylvia pede and obstruct- nas; and 2) “making false and misleading Ash Charged With Ob- ing and impeding statements to federal law enforcement offi- the administration cers in interviews conducted as part of a structing Federal Investi- of justice with re- federal criminal investigation.” gation Of Credit Union spect to the criminal investigation into Sylvia G. Ash graduated from law school in Fraud this matter, and 1984 and was admitted to the New York agreeing with one Bar in 1985. Ash was elected to the Kings ew York Supreme Court Judge Sylvia or more others to do County, New York Civil Court in 2005 and New York Supreme Court the same.” Wong she took office in 2006. In November 2010 NAsh has been indicted by a federal Judge Sylvia Ash grand jury for obstruction of justice and (NyCourts.gov) was sentenced to 5- she was elected to a 14-year-term as a Kings conspiracy to obstruct justice. Judge Ash’s 1/2 years in federal County Supreme Court judge. charges are based on evidence she repeated- prison. ly attempted to influence and impede a fed- The federal investigation found that Ash did eral investigation of New York State’s While Wong was MCU’s CEO, Ash re- not report on any of her annual disclosure Municipal Credit Union (“MCU”). ceived tens of thousands of dollars each reports to the New York State Office of year in reimbursements and other benefits Court Administration -- as required by law Ash was arrested and taken into custody by from MCU. Those benefits included reim- -- that she served on the MCU Board or any U.S. marshals at New York’s LaGuardia bursement of airfare, hotel, food and enter- of the reimbursements, gifts, or compensa- airport on October 11. Ash tried to avoid tainment expenses for both her and a guest tion she received from MCU. arrest by her lawyer telling federal prosecu- to attend conferences in the U.S. and inter- tors she was in Africa when she was actual- nationally. MCU also paid Ash’s phone, The investigation also found that while on ly in Miami. She was apprehended when cable, and electronic devices bills. the MCU Board Ash engaged in the gross she landed at LaGuardia. conflict of interest of presiding over court Although she was being paid $210,000 a cases and issued an opinion or order in Ash was released on a $500,000 bond. year as a judge, after she resigned from the many cases in which MCU was a party. Among her release conditions is she had to MCU Board Wong ensured that MCU con- surrender her passport and she is subject to tinued to provide Ash with substantial fi- Ash didn’t resign from the MCU Board 24/7 electronic monitoring of her where- nancial benefits that included an Apple until the New York State Commission on abouts. IPhone and other devices. MCU even paid Judicial Conduct filed a complaint against all expenses for Ash and a guest to attend a her for violating the rules governing a During her bail hearing Assistant U.S. At- Britney Spears concert at Planet Hollywood judge’s extra-judicial activities, because torney Eli Mark told the magistrate that in Las Vegas in October 2016 — which was MCU was regularly engaged in “adversary Ash acted as if she were “really above the after Ash had resigned. MCU also paid proceedings” in New York courts. law.” He also said, “The defendant is not almost two thousand dollars for a party Ash someone who should be particularly trusted put on in Coney Island in August 2017 — Ash, 62, pled not guilty at her arraignment. by the court,” stating her alleged crimes also after she resigned. She faces a maximum of 20 years in prison involved “lies, deception, concealment, de- for each count. Since she is presumed inno- struction of evidence.” During the course of the MCU investigation cent unless and until she is convicted, she federal agents learned that Ash not only was placed on paid leave from her judicial MCU is New York’s oldest and largest made false and misleading statements to duties pending the outcome of her criminal credit union, and one of the oldest and larg- them, but that she deleted texts and emails case. est in the United States. It has more than from her MCU-issued IPhone, that she tried $2.9 billion in deposits by more than to wipe clean after she was questioned Sources: 500,000 members, and each account is fed- about Wong and MCU in January 2018. USA v. Ash, No. 1:2019mj09341 (New York Southern erally insured for at least $250,000. District Court), Sealed indictment filed on 10/04/2019. The investigation also found evidence that Brooklyn judge deleted text messages after learning of MCU corruption probe: prosecutors, By Stephen From May 2008 until August 2016 Ash was Ash and Wong came to an understanding Rex Brown, New York Daily News, October 11, 2019, on MCU’s Board of Directors, and served for her “to sign a false and misleading Press Release, Department of Justice, U.S. Attorney’s for a time as chairman of the board. memorandum purporting to explain and jus- Office, Southern District of New York, Oct. 11, 2019 tify millions of dollars in payments that NY Judge Served as MCU Board Member & Presided In January 2018 Ash was questioned by Wong had received from MCU, which was Over Court Cases Involving the CU, By Peter federal agents during a federal investigation then provided by Wong to law enforcement Strozniak, Credit Union Times, October 15, 2019 into financial corruption at MCU. One of officers.” Sylvia G. Ash, Ballotpedia.org the investigation’s targets was her friend https://ballotpedia.org/Sylvia_G._Ash Kam Wong, who was MCU’s CEO and Ash was indicted on October 4, 2019 by a president from 2007 until June 2018. federal grand jury and charged with one count of conspiracy to obstruct justice and Justice:Denied Disclaimer two counts of obstruction of justice, based Wong was federally indicted in May 2018 Justice:Denied provides a forum for people who can make on corruption charges. He pled guilty on on the evidence she agreed to and actively a credible claim of innocence, but who are not yet exoner- sought to influence and impede the federal ated, to publicize their plight. Justice:Denied strives to December 2, 2018 to embezzling $10 mil- provide sufficient information so that the reader can make lion from MCU. Wong acknowledged in investigation of Wong and MCU by: 1) a general assessment about a person’s claim of innocence. his written plea agreement to “endeavoring trying to conceal and destroy relevant evi- However unless specifically stated, Justice: Denied does not take a position concerning a person’s claim of innocence.

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 17 ISSUE 77 - FALL 2019 district court to in- sary to eliminate it. [] Petitioner alleged US Supreme Court Asked clude a reason when that the government threats had the ef- To Review Dismissal Of denying a pro se lit- fect of “diluting plaintiff’s demonstra- igant leave to tion planning” and that it “chilled and Pro Se Federal Civil amend a complaint curtailed the robustness” of Petitioner’s Rights Lawsuit if the judge consid- First Amendment activity “as one would ers the reason(s) for expect following visits from interrogat- illiam Bond has filed a writ of certio- the denial to be ap- ing law enforcement personnel asking Wrari with the U.S. Supreme Court parent in the case ‘What will it take to get you to shut concerning his pro se civil rights lawsuit record. up?’” [] These allegations are sufficient against FBI agents and members of the U.S. to show both standing and an injury-in- Former Seventh Circuit The circumstances fact under First Amendment jurispru- Marshals Service. Bond’s lawsuit claims Court of Appeals Judge those federal employees violated his consti- Richard Posner of Bond’s case may dence.” tutional rights by acting to chill his freedom (uchicago.edu). result in him gar- of speech. nering the vote of The Solicitor General of the United States four Supreme Court justices that is neces- has until January 22, 2019 to file a response Pro se civil rights litigants across the coun- sary for review of his case to be granted. opposing the granting of Bond’s writ. try would benefit if the Supreme Court ac- While he started pro se, he is now being cepts Bond’s case and rules in his favor. represented pro bono by two legal heavy- If the Court grants Bond’s writ, a schedule weights: retired Seventh Circuit Court of for briefing and oral arguments will be or- Bond’s writ filed on December 17, 2018 Appeals Judge Richard Posner, and nation- dered. asserts the U.S. District Court erred dis- ally known attorney David Boies. Two oth- missing his lawsuit without articulating its er prominent lawyers are also representing Read the “Petition For A Writ Of Certiora- specific deficiencies. Consequently Bond Bond pro bono. ri” in William C. Bond v. United States of didn’t know what to correct in an amended America, et. al, No. 18-782 (USSC, 12-17- complaint so his lawsuit could move for- To emphasize the injustice inflicted on 2018) at, ward. Bond asserts the judge erroneously Bond, his writ asserts the district court erred http://www.supremecourt.gov/DocketPD held him to the same standard of legal un- as a matter of law in dismissing his com- F/18/18- derstanding and competence as if he had plaint, and the Fourth Circuit Court of Ap- 782/76456/20181217141343104_18 been an attorney. Bond’s writ is based on peal compounded that error by affirming %20Petition%20for%20Writ.pdf. U.S. Supreme Court’s rulings that pro se the judge’s ruling. Bond’s writ states: complaints must be “held to less stringent The writ was distributed for Conference by “The Second Amended Complaint the justices on April 10, 2019. On April 29 standards” than those filed by attorneys. sufficiently alleges that Petitioner cen- The Fourth Circuit Court of Appeal af- the petition was denied when it failed to sored himself as a result of an objective- receive at least four votes for its acceptance. firmed the judge’s ruling. ly credible government threat. Petitioner alleged that he was twice interrogated Sources: The question Bond requested the Supreme by FBI agents and a deputy U.S. Mar- Bond v. U.S., No 17-2150 (4th cir, 8-2-2018) (Opinion Court to decide is: “Whether a District shal before his planned public protests affirming district court order dismissing pro se lawsuit) Court Must Provide a Pro Se Litigant Suffi- and that during these interrogations Pe- William C. Bond v. United States of America, et. al, cient Notice of Pleading Deficiencies.” titioner was questioned about what it No. 18-782 (USSC Docket) would take to“make the scheduled Bond’s writ asserts he was expected to courthouse protests go away.” [] Peti- have the legal knowledge and analytical tioner also alleged that the government skills of a lawyer, because “in the decision agents threatened to return and arrest below, the Fourth Circuit, itself, undertook him for possessing a firearm that he the very analysis that would be required of repeatedly told them he did not own. [] a pro se litigant...” Bond asserts: “The deci- In the Fourth Circuit, self-censorship sion below also confirms that this rule re- satisfies standing if it was caused by a quires pro se litigants to independently credible threat of government action Visit the Innocents Database analyze and extrapolate from prior judicial that “is ‘likely [to] deter a person of rulings, thus requiring an individual with no ordinary firmness from the exercise of Includes details about more than legal training to investigate the judicial re- First Amendment rights.’” [] Here, the 129,000 wrongly convicted people cord and deduce the court’s reasoning on alleged government acts—including from the U.S. and other countries. multiple bases.” threatening arrest—constitute credible www.forejustice.org/exonerations.htm threats from an objective standpoint, Bond’s writ explains the Supreme Court’s Visit the Wrongly Convicted and thus satisfy standing. intervention is necessary because there is a Bibliography split in the notice requirements of different The Second Amended Complaint also federal circuits. Currently five federal cir- sufficiently alleges “self-censorship” Database of hundreds of books, cuits require district courts to provide justi- necessary to constitute an injury-in-fact law review articles, movies and fying reasons when denying pro se a litigant as a result of those threats. To establish documentaries related to wrongful leave to amend a complaint. While four an injury-in-fact, the objective threat convictions. circuits -- including the Fourth Circuit in need only interfere with the First which Bond is located -- do not require a Amendment activity and it is not neces- www.forejustice.org/biblio/bibliography.htm

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 18 ISSUE 77 - FALL 2019 Menace To The Innocent: out every case possible. Insubstantial Expert Evi- Consequently, the legal system is structured so that the overwhelming majority of con- dence Endangers Inno- victions that rely on the soggy foundation of suspect expert evidence – which may in fact cent People Accused Of A be no more stable than quicksand – fall Crime through the cracks into the black hole of a case closed by a plea bargain. By Hans Sherrer There is relatively little will-power by those enace To The Innocent: Insubstantial within the system to correct this state of M Expert Evidence Endangers Innocent affairs. The four primary actors in the legal People Accused Of A Crime is now avail- system’s operation – judges, prosecutors, able on Amazon.com at, police, and defense lawyers – are integral www.tinyurl.com/yc5u3kqn . parts of the assembly line that generates the steady flow of convictions the system de- Menace To The Innocent was written by pends on for its smooth functioning. The Hans Sherrer, Justice Denied’s editor and increasing reliance on expert evidence to publisher. It is published by The Justice secure convictions assists to grease the Institute. wheels of that system.

The following is an excerpt from the The depth of that reliance is demonstrated book’s INTRODUCTION: by how those primary actors exhibit a quasi form of Stockholm Syndrome by their psy- We live in an age of magic as a way of life. chological alliance with the use of expert 6. Fingerprint Analysis: Voodoo Palmed At least that is how a person who lived 200 evidence that often is insubstantial and un- Off As Science years ago could be expected to think of the dermines the credibility of the system they 7. DNA Probability Estimates Elevated By modern world. In actually, we live in an age are a part of. That psychological state can be Smoke And Mirrors To Certainty of science that to the uninitiated certainly called “Expert Syndrome.” The way experts 8. False Positives – DNA Testings Dark can seem magical. Almost every man-made are viewed and uncritically relied on masks Side process we have today that wasn’t available that their contribution to a case is often no 9. A Random Match Probability And False 200 years ago is the result of applying sci- more reliable than the incantation of a witch Positive Probability Are Divergent entific principles to varying degrees to doctor is to cure an illness or end a drought. 10. Wrongful Convictions Are Cemented achieve the end result. ************** with False Positive DNA Testimony 11. Bite Marks, Hair Analysis, And Other The quest to solve crimes has not been “Menace To the Innocent” goes far beyond Skeptical Forms Of Evidence immune to the application of science. How- identifying the magnitude of the problem: 12. Ill-Founded Expert Testimony Is A ever, this book demonstrates it is not unusu- In its last chapters it proscribes no-nonsense Godsend To Prosecutors al for science to be misapplied, disregarded, solutions to rectify the problem of innocent 13. Minimal Crime Lab Performance Stan- or relied on in name only to “solve” a crime people being ravaged by prosecutors who dards Breed Slothful Conduct and close a case by identifying a person as rely on bogus expert evidence to secure 14. The Subjectivity Of Forensic Evidence the culprit. The result is a crime solved by their conviction. One of those solutions is to 15. Prosecutor’s Fallacy Skews Consider- the magical masquerading as science. This close the FBI crime lab and all local, county, ing A Defendant’s Possible Innocence situation exists because there to no reliable and state crime labs because they are inher- 16. Are Prosecution Experts Criminals? mechanism to ensure the system isn’t ently, and irredeemably biased toward the 17. Double-Blind Testing Can Detect Inac- gamed by the prosecution’s reliance on ex- prosecution. Not incidentally, those crime curate Crime Lab Tests pert “scientific” evidence that in reality is labs operate in a manner that would be 18. Methodic Doubt Can Overcome Patho- no more reliable than a confession to being unacceptable for a university science lab ... logical Science In The Courtroom a witch by a person who simply wants to much less a privately operated commercial 19. Crime Labs Are A 20th Century Inven- stop being dunked into a pond. laboratory. tion That Contribute To Shortshrifting Reasonable Doubt There is generally no scrutiny of crimes The Table of Contents follows: 20. Conclusion “solved” through expert evidence because Author’s Note Works Cited of the resources necessary to do so, and over Introduction Index 95% of convictions in the U.S. are by a 1. The Innocent Are Endangered By Insub- Endnotes guilty plea that precludes any critical exam- stantial Expert Evidence ination of the prosecution’s supposedly ex- 2. Shoddy Work Is The Norm For Crime ********* pert evidence. The overwhelming majority Labs of defendants in this country have limited – 3. Roll Call Of Suspect Crime Labs And Menace To The Innocent can be or- if non-existent – financial resources, and Expert Prosecution Witnesses dered from Amazon.com at, public defenders who handle the over- 4. Doctored Tests And Testimony Under- www.tinyurl.com/yc5u3kqn . whelming majority of criminal cases have mine The Presumption Of Innocence limited budgets, and case load pressure to 5. Destruction of Potentially Exonerating take the path of least resistance and plead Evidence OK With The Supreme Court

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 19 ISSUE 77 - FALL 2019 ceived rave reviews on Celeste hopes her recipes will High Fence Foodie Amazon.com, with 75% of ignite a reader’s taste buds as Cookbook Now Available! reviewers giving it 4 or 5 well as spark their imagina- stars! Some of the com- tion to explore unlimited cre- igh Fence Foodie is a cookbook by ments are: ations of their own! She encourages substitutions to a H Texas prisoner Celeste Johnson that “A lot of the recipes are was published by The Justice Institute. reader’s individual tastes or very imaginative, and fun availability of ingredients. to make. Well worth the She is confident users of her High Fence Foodie has more than two hun- money.” J.C. dred easy to prepare recipes for meals, recipes will enjoy creating a soups, snacks, desserts, and beverages. “I loved the food and was home-felt comfort whether These recipes can be made from basic items inspired by the can-do atti- behind the High Fence, or at a prisoner can purchase from their unit’s tude of the ladies involved Your House! commissary, or people on the outside can with this project.” Dan purchase from a convenience or grocery “My daughter got this for Celeste Johnson does not fi- store. They are written by Celeste Johnson, her husband for father’s day. He loves nancially profit from sales of a woman imprisoned in Texas who loves to using it!!” J.H. High Fence Foodie. All profits from the cook and try out new combinations of the book’s sale are donated to The Justice “I am a college student making a limit- simple food ingredients available to her. Institute Justice Denied to contribute to its ed income and these recipes are great work on behalf of wrongly convicted per- and fulfilling for people like me who High Fence Foodie’s all new recipes are a sons. don’thave a ton of $ to spend on grocer- follow-up to the more than 200 recipes in ies.” Alicia $14.95 From The Big House To Your House that was written by Celeste Johnson and five “I sent this to my daughter. She absolute- 116 pages, softcover fellow prisoners at the Mountain View Unit, ly loves this little cookbook!” D. G. a woman’s prison in Gatesville, Texas. Order from Amazon.com at, High Fence Foodie continues the high stan- http://tinyurl.com/y8lgylwo From The Big House To Your House re- dard of From The Big House To Your House!

versation. Furthermore, Mr. Gold Phantom Spies, told the FBI he didn’t speak candidly Phantom Justice in front of Ms. Moskowitz because of her possible negative reaction if he hantom Spies, Phantom Justice by said something incriminating in her PMiriam Moskowitz was published in presence, and he didn’t like her. July 2012 by Justice Denied/The Jus- tice Institute. The book is Ms. Moskow- Although Ms. Moskowitz’s case had itz’ autobiography that explains how it nothing directly to do with the Rosen- came to be that in 1950 she was falsely berg trial that took place four months accused, indicted and convicted of ob- after her trial, they were tied together struction of justice in a grand jury that because Mr. Gold was a key witness was investigating Soviet espionage. against the Rosenbergs and the same The books subtitle is How I Survived prosecutors and judge were involved in McCarthyism And My Prosecution That both trials. Was the Rehearsal For The Rosenberg Trial. The Afterword written by Justice Phantom Spies, Phantom Justice is a Denied’s editor and publisher Hans compelling story of how an innocent Sherrer states in part: 34-year-old woman found herself being publicly branded as an enemy of the Miriam Moskowitz is an innocent United States. Ms. Moskowitz is now 96 person who was caught up in the and still seeking the justice of having whirlwind of anti-communist hyste- 1947 she observed a conversation her conviction overturned, although ria that prevailed in this country at during which he and her business she can’t get back the time she spent the time of her trial in 1950. We partner, Abraham Brothman, alleg- incarcerated because of her two-year know that because of FBI docu- edly discussed providing false testi- prison sentence. ments she obtained through the mony to a grand jury investigating Freedom of Information Act de- possible Soviet espionage. She did $19.95 cades after her conviction for con- not testify before that grand jury. spiring to obstruct justice during a 302 pages, softcover grand jury investigation. The FBI documents Ms. Moskowitz obtained are proof that prior to her Order from Amazon.com at, The prosecution’s case depended trial Mr. Gold told the FBI she was http://tinyurl.com/ycodcbor on the trial testimony of FBI infor- not present during that alleged con- mant Harry Gold. He testified that in

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 20 ISSUE 77 - FALL 2019 From The Big House To in Gatesville, Texas. They met and bonded in the G-3 dorm housing only Your House prisoners with a sentence in excess of Cooking in prison 50 years. While there isn’t much freedom to be found when incarcerat- With ed, using the commissary to cook what Ceyma Bina, Tina Cornelius, YOU want offers a wonderful avenue Barbara Holder, Celeste Johnson, for creativity and enjoyment! They Trenda Kemmerer, and Louanne Larson hope these recipes will ignite your rom The Big House To Your House taste buds as well as spark your imag- Fhas two hundred easy to prepare ination to explore unlimited creations recipes for meals, snacks and des- of your own! They encourage you to serts. Written by six women impris- make substitutions to your individual oned in Texas, the recipes can be tastes and/or availability of ingredi- made from basic items a prisoner can ents. They are confident you will en- purchase from their commissary, or joy the liberty found in creating a people on the outside can purchase home-felt comfort whether you are in from a convenience or grocery store. the Big House, or Your House! $14.95 From The Big House To Your House is 132 pages, softcover the result of the cooking experiences of six women while confined at the Order from Amazon.com at, Mountain View Unit, a woman’s prison http://tinyurl.com/yd5dmeea

Convicting the Innocent Edwin M. Borchard – (Chapter 4) has not lost its lus- Convicting The Innocent ter as one of the most insight- ful books published on the dwin M. Borchard – Convicting The Innocent and State topic of wrongful convictions. EIndemnity For Errors Of Criminal Justice has been pub- Seventy-one years after its lished by The Justice Institute/Justice Denied. publication the multitude of causes underlying the cases of Yale University Law School Professor Edwin Borchard was injustice it details not only con- an early pioneer in exposing the causes of wrongful convic- tinue to plague the legal system tions and the inadequacy of compensation for exonerated in the United States, but they persons in the United States. So it is important that it be are arguably more prevalent remembered his works laid the foundation for today’s advo- today than when the book was cates for wrongly convicted persons, and the encouragement published, with the exception of public policies that may prevent wrongful convictions and of confessions extracted by ensure adequate indemnification when they occur. physical violence. This 358-page book includes Borchard’s key works European Compensating exonerated per- Systems Of State Indemnity For Errors of Criminal Justice, sons is as topical a subject as it and Convicting The Innocent: Sixty-Five Actual Errors of was one hundred years after Borchard’s article about indem- Criminal Justice. The Table of Contents is: nifying wrongly convicted persons. Borchard article (Chapter Introduction 3) makes it clear that many European countries were more Chapter 1. Edwin M. Borchard: Pioneer In Analyzing Wrong- advanced in providing indemnification 100 years and more ful Convictions And Advocate For Compensation ago, than is the norm in the United States today. Chapter 2. Edwin Borchard, Law Expert, Dead $16.95 Chapter 3. European Systems Of State Indemnity For Errors 358 pages, softcover Of Criminal Justice Order from Amazon.com at, Chapter 4. Convicting The Innocent: Sixty-Five Actual Errors Of Criminal Justice http://tinyurl.com/ycjlhdub

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 21 ISSUE 77 - FALL 2019 Ramentastic clever recipes using these tasty noodles Creative Cooking With Ramen Noodles will wake up your taste buds!

By Celeste Johnson, Lily Archuleta-Hernandez The lunch, dinner, and Alicia Engel snack and dessert recipes can be en- amentastic: Creative Cooking With Ramen Noodles is avail- joyed by anyone. Rable on Amazon.com at, https://tinyurl.com/w77thk6 Although written . with the resources Ramentastic pro- of prisoners in mind, vides the cook who the recipes can be has only a limited prepared by stu- source of food and dents and other supplies, recipes to people with a limited make familiar tastes income, or people of home. who just want to try Ramen noodles are a something different! staple for many peo- ple because they are All the recipes have been tried and perfected under real a filling meal for world conditions by the three authors. Celeste Johnson and those who need food Lily Archuleta-Hernandez are prisoners in Texas, while Alicia that is fast, easy, and Engel is an outside prisoner advocate. inexpensive to make. With over 180 reci- This is the third cookbook in the “From The Big House To pes, this book will Your House” cookbook series. The first two are “From The help you turn your Big House To Your House” and “High Fence Foodie: From Ramen noodles into The Big House To Your House.” fabulous feasts! We are confident that our

even though the Las Vegas Metropolitan 3rd Revised and Updated Police Department and the Clark County Edition of “Kirstin Blaise District Attorney’s Office obtained evidence Lobato’s Unreasonable three days after her arrest she is innocent. Conviction” Online The 3rd revised edition has 57 pages of new information, that includes: he third revised and updated edition of * An updated Timeline of Ms. Lobato’s TKirstin Blaise Lobato’s Unreasonable case from 2001 to the present, that be- Conviction — Possibility of Guilt Replaces gins on p. 10. Proof Beyond A Reasonable Doubt is avail- * Six new sub-chapters in the Appendix able in PDF format to be read or download- that begin on page 150. Those include a ed at no charge for personal use from Power Point presentation of Ms. Lobato’s Justice Denied’s website.* case and the new evidence in her habeas corpus petition currently under review by The book details how Kirstin Lobato has the Nevada Supreme Court. Ms. Lobato’s twice been convicted of a July 8, 2001 Las petition includes new evidence her jury Vegas homicide when the prosecution didn't hear by more than two dozen ex- doesn’t deny it has no physical, forensic, pert, alibi, and third-party culprit witness- eyewitness, confession, informant, surveil- es that supports her actual innocence. lance video or documentary evidence she Click here to download at no charge was in Las Vegas at any time on the day of Kirstin Blaise Lobato’s Unreasonable Con- The 232-page book written by Justice De- the crime. The prosecution also concedes viction in PDF format from nied’s editor and publisher Hans Sherrer is she was at her home 165 miles from Las www.justicedenied.org/kbl.htm. supported by 427 source endnotes. In docu- Vegas at the time new forensic entomology Justice Denied’s webpage with information ments filed in the Nevada Supreme Court, and forensic pathology evidence conclusive- about the Kirstin Lobato case is the Clark County District Attorney’s Office ly proves the man died between 8 p.m. and www.justicedenied.org/kbl.htm. and the State of Nevada don’t assert there is 10 p.m. The book also details that in 2001 a single factual error in the book. * The book can be printed at no charge for the 18-year-old Ms. Lobato was prosecuted non-commercial use only.

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 22 ISSUE 77 - FALL 2019 156 U.S. 432: Coffin vs. U.S., A A defendant’s law inlaw his behalf…” Prospero Farinacci. The maxim ‘Inno- right to the presumption of inno- favor of the accused introduced by the cence was advocated in a 1601 legal treatise legal 1601 a in advocated was cence “…the presumption of innocence is evidence in evidence is innocence of presumption “…the by Italian cent until proven guilty’ cannot be found in entered formally It any 1800. before case court English American law through the 1895 Court U.S. decision in Supreme Justice DeniedJustice P.O. Box 66291 Seattle, WA 98166 VideoShop includes dozens JD’s there are links to wrongfulconvictionto linksare there www.justicedenied.org Visit JusticeVisit Denied website online BookShop includes almost 100 wrongful of wrongful conviction movies and documentaries. conviction books, and Read back issues, back Read websites and JD’s Blog and Facebook pages, and other information related to wrongful convictions is available. JD’s he scales of justice are tipped against inno- cent people all across the country - from ustice:Denied provides a public voice for inno- for voice public a provides ustice:Denied cent people reality. by victimized tragic that T Maineand to Hawaii from to Alaska Florida. J Editor & Publisher Justice Denied’s Amazon.com on page 19 See pg.See 3 PeopleAccused OfACrime MenaceTheInnocent: To Prosecutor Frame-up Of Inno- cent Person Doesn’t Always Work Read about the book with order information from By Hans Sherrer, InsubstantialExpert Evidence Endangers Innocent was was imposter posing girlfriend. Martin’s as JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 23 George Zimmerman has filed a $100 million federal civil rights case based on dence his new prosecutors evi- used fake evidence in death the in murderfor him frame to effort an of Trayvon IMartin in 2012. Zimmerman was SSUE acquitted by a jury in 2013, but he only cently re- learned the prosecution’s star witness 77 - FALL 2019