Archive for the ‘Testimony’ Category

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Weekend Contributor

Thanks to the disclosures made by whistleblower Edward Snowden, we now know how far our government went to hide the warrantless surveillance by the NSA. “If you blinked this week, you might have missed the news: two Senators accused the Justice Department of lying about NSA warrantless surveillance to the US supreme court last year, and those falsehoods all but ensured that mass spying on Americans would continue. But hardly anyone seems to care – least of all those who lied and who should have already come forward with the truth. (more…)

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By Mark Esposito, Weekend Contributor

maeso-hepatitis-valencia_thumbBespectacled Juan Maeso led a fairly mundane life as an anesthetist in the Spanish coastal town of Valencia. All that changed in 2007 when Maeso was convicted of serial murder. A morphine addict, Maeso had been skimming the painkiller meant for his patients and then using the same compromised needle to inject them. Over a decade, 275 patients contracted hepatitis-c (HCV)  and four of them died from complications from the disease. A Spanish court sentenced Maeso to 1,933 years in prison but the sentence pales in interest to how the murderous soporifist was finally caught.

A fascinating article in the journal Nature details the laboratory hunt for the killer with all the twists and turns of an Arthur Conan Doyle story. Led by researchers at the University of Valencia, the work involved analyzing and categorizing 4200 viral sequences to backtrack to Maeso’s particular strain of hepatitis-c. The process known as phylogenetic forensics has been successfully used to track down the origins of such infamous cases as the 2009 anthrax-laced heroine scare in Europe and the case of Bruce Ivins, a microbiologist at the US Army Medical Research Institute, strongly suspected of sending anthrax tainted letters to Senators in 2001. Ivins committed suicide before charges were placed.

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By Mark Esposito, Weekend Contributor

Forensic-Science-S_2132330bA 2009 report by the National Research Council (NRC) passed quietly into the night (except in legal and forensic circles) while barely garnering more than a ripple in the public’s psyche. It should have been a tidal wave given news last December  that a  48-year-old New Jersey man, Gerard Henderson, who spent 19 years in prison for a murder he didn’t commit, was done in by faulty crime lab work. Henderson was convicted largely on “bite mark” evidence. Bite mark evidence is a process used to exam indentations and anomalies on a victim’s body and  ostensibly made by human teeth which are then matched to a defendant’s dentures in an effort to prove that he/she was the perpetrator of the crime. Convicted in 1995, Henderson proved that state testing of the bite marks on the back of 19-year-old victim, Monica Reyes, was deeply flawed and conducted without sufficient safeguards to insure its reliability.

Independent forensic scientists working for Project Innocence could not reproduce findings by the state crime lab which is the gold standard for scientific verifiability. Henderson became one of the more than two dozen people wrongfully convicted of rape or murder  since 2000 as a direct result of flawed bite mark evidence analysis all duly attested to as accurate by the local crime lab.

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260px-capitol_building_full_viewThis morning I will testify in Congress before the House Judiciary Committee on “The President’s Constitutional Duty to Faithfully Execute the Laws.” The hearing will address areas where President Obama has ordered the delay or nonenforcement of federal laws. While I happen to agree with some of these policies, I have great reservations about this record and its implications for the separation of powers.

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

The five alleged 9/11 defendants currently being held at Guantanamo Bay where they have been detained since 2006, are currently preparing their defenses for trials that are scheduled for September 2014.  All five defendants have been subjected to what the United States government called enhanced interrogation techniques at CIA black sites even before they got to Gitmo. (more…)

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Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger

“If you’ve got ‘em by the balls, their hearts and minds will follow.”
– Lyndon Baines Johnson, 36th President of the United States.

Town of Edwards, MSI should have known something was up. I came home from work one day and my wife met me at the door. “Somebody broke into Curtescine’s house and tried to rape her.” Curtescine Lloyd was one of the nurses on the oncology floor at the hospital. Curtescine lived in Edwards MS, a small bedroom community just a few miles west of where we lived.

Shocked, I asked if there was any word on whether she was hurt, and did we need to go to the hospital. My wife responded, “Not exactly.”

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Submitted By: Mike Spindell, Guest Blogger

400px-Elizabeth_Loftus-TAM_9-July_2011I’d only planned to write one guest blog this weekend, but this morning on Huffington Post I saw a video from a TED lecture. http://en.wikipedia.org/wiki/TED_%28conference%29  The lecture was from Psychologist Elizabeth Loftus  http://en.wikipedia.org/wiki/Elizabeth_Loftus  who has been studying false memories since the 1970’s. She links what she discovered with one of the failings of our Criminal Justice System, with the false memories reported in court. This is an 18 minute lecture but it is well worth your time and bears directly on the topics we discuss here on the Law Blog. I must note that in it she is critical of certain psychotherapy techniques and I am a psychotherapist. Despite my training and profession I believe her critiques are on point and illustrate one of the problems inherent in some psychotherapies. For any readers that are interested in our legal system and who care about its problems, viewing this will represent time well spent.  My technical skills are such that I don’t know how to properly make the video appear in WordPress but if you click on the following link you will be able to see it:     Mystery of Memory 

Submitted by: Mike Spindell, Guest Blogger

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