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make a conclusion and exclude evidence that does not fit that conclusion.

Rickey Stokes

Viewed: 5530

Posted by: RStokes
Date: Mar 18 2015 8:28 AM

ALABAMA:     Last night I read two articles on AL.com concerning two different murder cases. And the articles reflect how sometimes prosecutors are out of control and their quest is not justice but their greed for power over people’s lives. And their quest is not the truth, but to make something fit what they want.


You see, there are 3 sides to every story ... HIS, HERS and the truth. Somewhere between the stories, there is the truth.


In the case of the running death, a retired state medical examiner testifies in conflict to the state medical examiner. So the prosecution is yelling, the retired is wrong.


Move to the case the Attorney General is prosecuting of the doctor. The Attorney General hired a private doctor and paid $ 400.00 per hour because they did not like what the state medical examiner said.


And all of this is A-L-A-B-A-M-A !!!


The retired medical examiner made a terrific statement which rings very true. And true among prosecutors and law enforcement:


Lauridson said he thought the determination of the cause of death was an example of "confirmation bias," where investigators make a conclusion and exclude evidence that does not fit that conclusion.




AL.com article about lady charged with CAPITAL MURDER for running death



A forensic pathologist testifying for Joyce Hardin Garrard’s defense said this afternoon he believed Savannah Hardin’s death should not have been ruled a homicide.


However, James Lauridson, a former state medical examiner, said he believed that the 9-year-old died as a result of "physical exertion." If he had conducted the autopsy, though, he would not have classified it as a homicide.


"I would have classified this as undetermined as to manner of death," he said.


Lauridson was the sixth witness called today by the defense, and testified for the longest. Part of his testimony was taken up with a demonstration showing why he thinks the child died as a result of having too much water in her system, not too little, as a state medical examiner determined in 2012.


Garrard, 49, is on trial for capital murder in connection with the death of Savannah. Prosecutors say the grandmother forced the child to run for more than three hours as punishment for lying about eating candy bars. The child collapsed during a seizure and died three days later in a Birmingham hospital.


Lauridson, using two beakers of water and dye, tried to show the difference between having too much water in the human body, and too little. He also employed a skull to show what happens when the brain swells. 


Lauridson said he agreed with most of the findings of a 2012 autopsy of Savannah Hardin, but felt the child probably did not die of dehydration and heat exhaustion. He contended that the child’s brain swelling showed the presence of too much fluid in her system.


"Physical exertion certainly played a role in her death," Lauridson said. "I just don’t see any evidence of heat exhaustion."


Lauridson said he thought the determination of the cause of death was an example of "confirmation bias," where investigators make a conclusion and exclude evidence that does not fit that conclusion.


Chief Deputy District Attorney Marcus Reid, though, seized on the fact that Lauridson drew his conclusions looking only at the medical and autopsy records, and not relying on statements of witnesses or evidence compiled during the investigation. He also called attention to what role physical activity had in causing Savannah to die.


"It was running her that killed her, isn’t that right?" Reid asked.


"Yes," he said.


Earlier in the afternoon, the defense called Judy Hamrick, a nursing administrator who testified as to the accuracy of medical records. Defense attorneys had Hamrick review the medical records of Savannah from Gadsden Regional Medical Center. Two earlier prosecution witnesses testified that the child was incorrectly recorded as having some signs of consciousness when she was brought in on Feb. 17, 2012.


But prosecutors objected to the line of questioning several times. Hamrick said the records from Gadsden Regional appeared to be accurate, meaning that there was no way of knowing if the information on them was correct or otherwise.


Court resumes tomorrow at 8:15 a.m.





AL.com Article about death of doctor’s wife - found NOT GUILTY






The Alabama Attorney General’s prosecutors are "seemingly more concerned about a conviction" than they are about justice after a Baldwin County jury acquitted a chiropractor of capital murder Tuesday, attorneys for the defendant said.


The 12-person jury deliberated for two days before determining that Michael Wolschlaeger, 63, was not guilty of killing his fifth wife, Shirley Seitz-Wohlschlaeger, on March 1, 2010.


The verdict ended a trial highlighted with testimony from dueling pathology reports - the first, an Alabama Department of Forensic Sciences pathologist who determined on March 2, 2010, that the woman died of a fall; the second, a pathologist hired by the Attorney General’s Office to review the case in 2013, determined that she died from a more violent act.


"It’s pretty concerning to me when you have a state medical examiner who clearly says this is not a murder and it was a fall," attorney James Pittman said. "Then the state is seemingly more concerned about a conviction so they go out and get a hired gun for $400 an hour to contradict their medical examiner."


Pittman was referring to testimony last week from Dr. Bruce Alexander, who is employed through the University of Alabama-Birmingham and who was hired by Alabama Attorney General Luther Strange’s office to analyze evidence in the case.


Alexander, after reviewing the case in late 2013, determined that injuries sustained by Seitz-Wohlschlaeger were consistent with a "terrible force" and he suggested that she died from a homicide inside the couple’s Loxley house.


"It’s concerning to me when the state doesn’t like what their doctor says, they will go out and find some hired gun," Pittman added.


Andrew Pittman and Stephanie Billingslea, both assistant Attorney General’s within the office’s criminal division, declined comment after the verdict was read by J. Langford Floyd. Both referred reactions to the Attorney General’s public information office, which hasn’t responded to a request for comment.


"My immediate thoughts are that the jury got it right based on the evidence, or lack thereof, from what the prosecution and the state put forward," attorney J. Clark Stankoski said.


He said he wasn’t sure why the Attorney General’s Office prosecuted the case. A spokeswoman with the office said that they were involved because Baldwin County District Attorney Hallie Dixon’s office asked them to look into the case.


The Attorney General’s investigation began sometime in 2013, around the same time an ABC 20/20 episode ran spotlighting the death and Wohlschlaeger’s past and statements from an ex-wife that she believed he might have killed Seitz-Wohlschlaeger.


The episode didn’t come up during the jury trial. The entire trial involved testimony from witnesses called by prosecutors; the defense rested Friday without calling anyone to testify.


Attorney General’s case: Murder for monetary gain


]


The Attorney General’s Office attempted to prove that Wohlschlaeger, a chiropractor, killed 59-year-old Seitz-Wohlschlaeger in 2010 in order to obtain a $100,000 life insurance policy.


The state, through a week of testimony, attempted to prove that Wohlschlaeger was a "cold-blooded killer" who, for years, had taken money out of his wife’s accounts. Seitz-Wohlschlaeger entered her marriage with the chiropractor with an approximately $1 million inheritance from a previous marriage.


Wohlschlaeger, meanwhile, was about $140,000 in debt and had about $4,000 to his name


Wohlschlaeger’s past also surfaced, albeit briefly. He had been married four previous times before meeting Seitz-Wohlschlaeger. His first wife, Lynn Mary Heimberger, died in 1977 after choking on a cough drop.


Some of the details about Wohlschlaeger’s finances from 38 years ago surfaced during the trial’s testimony with Heimberger’s brother and Wohlschlaeger’s sister both testifying that the couple relied on financial support from family.


They also testified that sometime after Heimberger’s death, Wohlschlaeger embarked on a lengthy Caribbean vacation. He also inherited a life insurance policy from his first wife’s death, they claimed.


In 2010, Seitz-Wohlschlaeger was found dead in her bed by Wohlschlaeger after he fixed breakfast for himself and his wife’s mother. After finding his fifth wife dead, Wohlschlaeger attempted to deliver CPR - but it was too late.


Myrtle Thomas, Seitz-Wohlschlaeger’s mother, said she questioned why Wohlschlaeger was administering CPR, and also reportedly saw something that appeared to be a blood spot on the bed.


But the incident didn’t generate much of an investigation, and no criminal charges were imposed until May 2014, after a Baldwin County grand jury indicted Wohlschlaeger of capital murder.


Wohlschlaeger heading home to Pensacola


Wohlschlaeger, who remarried for a sixth time to wife, Maggie, has been held in the Baldwin County Corrections Center ever since.


After hearing the verdict, emotions flowed both sides - family of Seitz-Wohlschlaeger and Maggie were both visibly shaken.


"Obviously, no matter what this jury did, he will never get his time back that he’s spent in the Baldwin County Jail," Stankoski said. "He’s been there since May. He doesn’t get that time back with his wife or stepchildren. That’s something the family will have to live with and that the prosecutors have to live with."







make a conclusion and exclude evidence that does not fit that conclusion.

make a conclusion and exclude evidence that does not fit that conclusion.

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make a conclusion and exclude evidence that does not fit that conclusion.

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