Mississippi Supreme Court Denies Jeffrey Havard
Radley Balko | May 30, 2008, 12:51pm
Havard is on death row in Mississippi after being convicted of killing and sexually abusing his girlfriend’s infant daughter. The sexual abuse charge was essential to Havard’s murder conviction. The child died from a blow to the head. Havard says he dropped her while taking her out of the bathtub. The state argued he killed her. But because there were no witnesses or other evidence to support the murder charge, an odd twist in Mississippi law allowed them to argue that the sexual abuse was the underlying crime leading to the murder. I guess the thinking is that if he sexually assaulted her, he must have killed her, too.
I wrote a bit about Havard in my October reason piece on shady medical examiner Dr. Steven Hayne. Hayne’s testimony about finding evidence of sexual abuse was critical to Havard’s conviction.
During his trial Havard asked the court for funding to hire his own expert to review Hayne’s autopsy. The court turned him down, ruling that Dr. Hayne, with his thousands of appearances in Mississippi’s courts was sufficient. After Havard’s trial and conviction, Mississippi’s post-conviction relief office was able to get former Alabama state medical examiner Dr. Jim Lauridson to review Hayne’s work. Not surprisingly, Lauridson found it lacking.
Hayne and several hospital workers testified at trial that the baby’s anus was dilated, indicating sexual abuse. Lauridson reviewed Hayne’s autopsy report and photos, and concluded that the evidence didn't support Hayne’s conclusion. The anus wasn’t torn or lacerated, and Lauridson says it can often dilate naturally in such cases. Lauridson also noted that hospital staff had inserted a thermometer into the child’s rectum in the frenzy to revive her. Tests showed no trace of Havard’s DNA in or on the child.
On Havard’s first appeal, the state supreme court refused to even consider Lauridson’s testimony, arguing that it was new evidence that should have been introduced at trial—a nifty little Catch 22.
Last week, the court turned down his second appeal. The vote was 7-2. The opinion didn't address the recent revelations about Hayne's work load, allegations of bias and corruption, exonerations of defendants he has testified against in the past, or his lack of board certification.
It would be presumptive to say that Havard is innocent of killing the child. Because there were no witnesses, it’s impossible to know. He had no history of child abuse or violent behavior. Unlike in the Levon Brooks and Kennedy Brewer cases, no DNA test is going to point to another killer. The question is whether the child's death was an accident or intentional.
But it is clear that there wasn't sufficient evidence to convict Havard, and that the trial judge was wrong to deny him funding to hire his own expert. In turning down Havard’s latest appeal, Mississippi’s Supreme Court has decided that even after all of the questions raised about Dr. Hayne’s methods, practices, and credibility, they’re still willing put their faith in him, even in a case where his testimony was critical to securing a death sentence, and even when that testimony has been challenged by a medical examiner who, unlike Hayne, has the respect of his peers, isn’t seen as a hack for the state, and is actually board certified in forensic pathology
Jeffrey Keith Havard | June 1, 2008, 9:43pm | #
Web posted on behalf of Jeffrey Keith Havard
Jeffrey Havard Friday,
As well, I’m blessed to have your continued support, even though the court system would lose a race with cold molasses. Collectively, your patience is greatly appreciated. As for myself, I am doing as well as can be expected here. Sometimes, the difficulties here on death row seem almost greater than my struggle for justice, but I persevere. I have no choice, really, nor do I see any other option. As most of you know, “primary evidence” was recently obtained by my side (for the first time) and tested. Part of the evidence consisted of x-rays which conclusively answers the State’s primary question, i.e., why does there appear to be anal trauma (dilation), their contention for the underlying felony? The x-rays (essentially photographic evidence) confirm large amounts of air in the stomach and bowels. Combine this with the “flaccid” condition and abdomen “distension” (noted at the ER the night this tragedy happened) and the anal tissue samples which are negative for trauma (laceration or contusion), and then the answer becomes quite clear as to why medical personnel observed this dilation. Conclusively clear that NO “foul play” (crime) occurred. I just wish this had been THOROGHLY investigated, instead of a rush to judgment. What has it cost both families in this matter? For Chloe’s family to be told this horrible thing had happened and, NOW, to find out there was a MEDICAL explanation that should have been told to them before I or my lawyers found out… even before I was charged. This family believed the worst possible thing imaginable…due to a rush to judgment. Forget about my ordeal and what it is costing me. This is about the truth coming out. Finally, what about the waste of tax payer’s money for the trial and the long process of costly appeals? A proper investigation would be cheaper in all aspects, don’t you think? There are TWO things I’m sure of about the investigation because this “primary evidence” was in the possession of the State: (1) The State DID test or KNOW of this evidence and failed to disclose its exculpatory value (i.e.) proof of innocence, or (2) The State, did NOT bother to test this evidence because of a rush to judgment. I tend to believe in the latter. The former, in my opinion, is much worse. Either way, neither one is proper. I believe in the latter because I sincerely believe they made a mistake because they had “blinders” on. Their minds were set, and they felt they could gain a conviction based on speculation. Their case was essentially: he was there that night, so he had to have caused this some kind of way. In closing arguments, the ADA’s statement to the jury: “Ladies and Gentlemen, don’t try to figure out what could’ve caused it” support this. Now, if the State is interested in justice, they have the chance to show that Mississippi is fair and moving in a positive direction. I will close with quotes I draw strength and inspiration from, and I sincerely hope the “deciders) of my fate have read the same and/or share a similar mindset. James Jones wrote in FROM HERE TO ETERNITY: “Strength bred of necessity which is the only real strength”. Nietzsche said, “Convictions are more dangerous enemies of truth than lies”, and Marx is quoted as saying, “If the appearance of things coincided with their essence, all science would be superfluous”.
Thanks again for your support,
Jeff
Jack Blake | June 1, 2008, 9:44pm | #
First of all I want to say thank you to Radley for all his support as well as the many others.
This is all about politics with the election coming, they want the good people of Mississippi to thank they are really do something.
Not everyone in Mississippi is corrupt, one person that people seem to leave out is the prosecutor for Mississippi and that is Ronnie Harper. He was asked why he is doing this to Jeffrey when he knows he is not guilty and his reply,”Because I know I can.”
From the US Supreme court to all the sectioned parties in the Mississippi government there has to be a change an it all starts with every voter. You have the right to elect whom you want to, know that person and do some investigation.
Numerous times the governor has had letters sent to him as well as faxes, Ronnie Harper as well. To this date they have not even had the time to respond to the many letters. They sit on their butt and at the tax payer’s expense continue to play God with people’s life.
The state kept bringing up about a 1 centimeter bruise on the baby in question, but x-rays show no sign of tears or a bruise.
In the latest statement by the US Supreme Court thy had the nerve as judges to say that the hospital indicated that the x-rays did not do justice to what they found. What they are saying is all the wounds that the baby was suppose to have got healed on their own in a matter of days.
Governor Barber is a person that could if he really wanted to check into this case even without being told. As a leader of Mississippi he continues to collect the paycheck for a job that he is not performing.
You need to focus on one person, sure Hayne does not have his license and should not have been allowed to work in the position that he does, but think about who hired him, they are as much to blame as he is.
With all the proof that has been brought forth Mississippi has not replaced him and they will never admit they did anything wrong, but they will.
From Ronnie Harper all the way to the governor’s office they will have to answer for all that they have done but could have to set not only Jeffrey but others like Devine Bennett free.
If I was a resident of Mississippi I would be ashamed of the lack of carelessness they your government has shown.
It appalls me to think that Jeffrey is sitting in there for something that he has not done and that lies that was told to the family. They have chosen to believe what they have heard not what they actually know. The judges and various other governments as well as the media have brain washed them into thinking that he is a killer.
I encourage everyone to flood the governor, Ronnie Harper, the Mississippi Supreme Court as well as media with letters, emails, faxes, telephone calla and even visits (If you can get an appointment) about their miscarriage of justice that they continue to let prevail of their lack of thinking.
If this was someone in their family or a personal friend I can assure you that this would not have gone on this far, they would have got off their lazy butts and done something.
To them Jeffrey Keith Havard is just another number that they would rather not deal with.
I personally invite Ronnie, the judges or even the governor to contact me and tell me that they are looking into this or that they are doing their job, because they do not have the balls to stand up for what is right and myself and many others are not going anywhere and we are not backing down.
I want my email left in so that anyone can contact me.
Jack Blake
jblake04@gmail.com
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