Wednesday, April 22, 2015

Michael Hanline: California; Momentous decision possible today: The murder charges that kept him behind bars for 34 yers could be dismissed today. Magnificent work by the California Innocence Project over many years. (Additional DNA testing and investigation); Elements out of a Grisham novel: "Over years of investigation, the California Innocence Project was able to uncover police reports that had been sealed before Michael’s trial. The reports implicated others, not Michael, in the crime. Further, the police reports impeached the prosecution’s key witnesses. It turned out that a defense attorney and known drug dealer named Bruce Robertson who represented many of the prosecution’s witnesses in other cases, made concerted efforts to steer the investigation away from his clients and toward Michael. Robertson, who is since deceased, had threatened witnesses and intimidated them into testifying against Michael."


STORY: "Man who served 34 years could have murder charges dismissed,"  reported by the Associated Press, 22 April, 2015.

GIST: "A 69-year-old Southern California man who served 34 years of a life sentence for murder could have the charges dropped. Michael Hanline was freed from prison last year after Ventura County prosecutors told a judge they were no longer sure he committed the crime. He has been wearing an electronic anklet and is subject to several restrictions since. That could change at a court hearing scheduled for Wednesday. The Ventura County Star (http://bit.ly/1G53gfj) reports that the district attorney on Tuesday filed a motion to dismiss the charges against Hanline. Hanline was convicted in 1980 of killing Ventura resident J.T. McGarry and was sentenced to life in prison with no parole."

The entire story can be found at:

http://www.timesheraldonline.com/general-news/20150422/man-who-served-34-years-could-have-murder-charges-dismissed

California  Innocence Project account: "On November 24, 2014, Michael Hanline walked out of the Ventura County jail a free man after serving 36 years for a murder he did not commit.  The Ventura County District Attorney agreed to reversing Hanline’s conviction.  Hanline is the longest wrongful incarceration in California history. In November 1978, a biker named J.T. McGarry disappeared from his home in Ventura County, California. J.T.’s body was discovered a few days later. He had been shot multiple times and his body had been dumped on the side of a frontage road 25 to 30 miles from his home. As an investigation unfolded over the coming weeks, Michael Hanline was arrested and ultimately convicted of J.T.’s murder. Michael has maintained his innocence ever since. As soon as the California Innocence Project started reviewing cases, Michael contacted the California Innocence Project, more than 20 years after his conviction. Over years of investigation, the California Innocence Project was able to uncover police reports that had been sealed before Michael’s trial. The reports implicated others, not Michael, in the crime. Further, the police reports impeached the prosecution’s key witnesses. It turned out that a defense attorney and known drug dealer named Bruce Robertson who represented many of the prosecution’s witnesses in other cases, made concerted efforts to steer the investigation away from his clients and toward Michael. Robertson, who is since deceased, had threatened witnesses and intimidated them into testifying against Michael. Further, a witness placed Robertson at J.T.’s home the night he was killed. Before Michael’s trial, Robertson and the Office of the District Attorney asked the court for a secret hearing outside of the presence of Michael and his attorney. They convinced the court to allow critical police reports to be sealed, under the guise of protecting an anonymous informant. The sealed police reports came to light only after the California Innocence Project took on the case.  On October 22, 2010, after a lengthy evidentiary hearing and complete review of all of the evidence in the case, United States District Court Magistrate Judge Andrew Wistrich issued a report in Michael’s case, recommending that his conviction be overturned. Judge Wistrich emphasized how the prosecution, investigators, and Robertson had colluded to violate Michael’s constitutional right to have exculpatory information turned over to the defense. Judge Wistrich wrote, “The prosecution was so successful in violating the trial court’s orders and its constitutional obligation that by the time the exculpatory evidence came to light – nearly three decades later – many of the important witnesses had died or disappeared . . . Permitting the prosecutor to engage in this sort of gamesmanship with impunity signals that the constitutional rules established in Brady and its progeny are merely ‘pretend rules’ that need not be taken seriously.” Unfortunately, the District Court Judge decided not to adopt the Magistrate’s recommendation. Fortunately, after additional DNA testing and investigation by the California Innocence Project and Ventura County District Attorney’s Office, Hanline’s conviction was reversed.  On November 24, 2014, Hanline was released from Ventura County Superior Court.  He was the longest wrongful incarceration in California history."


Ventura County Star looks back at the Hanline case:) Links to key documents);  Michael Hanline spent 36 years behind bars before a judge vacated his sentence in 2014. On Wednesday, the DA's office will ask a judge to dismiss the charges. Here's a look back at the case:  Dec. 14, 1978: Michael Hanline arrested" Michael Hanline, 32, is arrested for the murder of Ventura resident J.T. McGarry, also known as Larry MichaelMathers. Prosecutors later argue that Hanline and an accomplice kidnapped McGarry, fatally shot him and dumped his body off Highway 33. Sept. 24, 1980: Murder conviction' Ventura County Superior Court jury convicts Hanline of first-degree murder. Hanline is sentenced to life in prison without the possibility of parole. Michael and Sandee Hanline get married in court, after he is convicted and before his sentencing. The two had previously dated in the 1970s. 1999: Attorneys take up Hanline's case. California Innocence Project says Hanline contacted its attorneys as soon as the group got up and running. They agree to take his case. Oct. 22, 2010: Judge says case needs revisiting: In a 50-page ruling, a federal magistrate says Hanline should be released from custody or be given a new trial within 60 days. But a federal district judge later declines to adopt the magistrate's report, saying that Hanline failed to provide "clear and convincing" evidence to warrant a new trial. April 27, 2013: Walk for innocence. California Innocence Project starts 600-mile trek across the state to petition the governor for clemency for Hanline and 11 others believed to be wrongfully convicted. Nov. 18, 2014: Conviction set aside. After Hanline spends 36 years behind bars, the Ventura County District Attorney's Office announces that new evidence resulted in a judge vacating Hanline's sentence. It was the first time in Ventura County the DA's office recommended setting aside a conviction, officials said. New DNA testing of crime scene evidence found material that came from a man who was not Hanline or his alleged accomplice, contradicting the prosecution’s theory presented during the trial. In addition, evidence that should have been disclosed to Hanline during the trial was withheld from him, the DA’s office said. Hanline had turned 68 a few days earlier. Nov. 24, 2014: Released from jail. Hanline walks out of jail after being released on bail. Judge Donald Coleman sets bail at $2,500 and orders Hanline to wear an ankle bracelet that monitors his whereabouts. He could be retried when the DA's office finishes its investigation of the 1978 murder. April 21, 2015: DA moves to drop case.   Prosecutors file a motion to dismiss the case. Special Assistant District Attorney Michael Schwartz, who heads the DA's Conviction Integrity Unit, said that after an evaluation and investigation, "we're not satisfied the case can be proven beyond a reasonable doubt."

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.
 
Harold Levy; Publisher; The Charles Smith Blog;