The criminal justice system is taking a beating this week as Steven Truscott's lawyers present an array of undisclosed exculpatory evidence that undermine's Truscotte's 1959 conviction for the muder of 12-year old Lynne Harper.
During the trial and appeals, pathologist Dr. John Penistan fixed the time of Harper's death at between 7 p.m. and 7:45 p.m. supposedly based on stomach contents examined during the autopsy.
What Truscott and his defence counsel were never shown were two earlier autopsy reports based on rigor mortis, decomposition and other post-mortem changes (i.e. body temperature) which led Dr. Penistan to estimate time of death, first at approximately 12:45 a.m. and later at between 4:45 and 10:45 a.m. the following day.
The court and the appellate courts relied on the 7 p.m. estimate as supporting Truscott's guilt. Counsel would have had a field day with the earlier time of death reports and it is safe to say it could have been compelling evidence to establish reasonable doubt in this case.
The manner in which evidence was concealed in this case or improperly not disclosed to the defence suggests very strongly that Steven Truscott was railroaded.
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