SAVE Jeffrey Havard in Mississippi
NEWS
OCTOBER 2, 2018
JEFFREY HAVARD IS REMOVED FROM DEATH ROW
Adams County Circuit Court has resentenced Jeffrey Havard to life in prison without parole, after the Mississippi Supreme Court ordered a review of evidence that he shook an infant to death.
His lawyers have filed notice with the Supreme Court to appeal that decision.
Read Clarion Ledger article here
His lawyers have filed notice with the Supreme Court to appeal that decision.
Read Clarion Ledger article here
Who is Jeffrey Harvard?
Jeffrey is the loved son of an American family in Mississippi. He graduated from high school one year early, finishing in the top 10 of his class.
He has no prior criminal conviction.
Jeffrey is the loved son of an American family in Mississippi. He graduated from high school one year early, finishing in the top 10 of his class.
He has no prior criminal conviction.
Not a morning, noon or night passes that I don't think about Chloe and her family.
Words can't describe how sorry I am for dropping Chloe. Without a second thought, I would do anything to bring her back.
(...) It is not far-fetched to think that anyone could possibly find themselves in a predicament similar to mine, I would hope that I am the last person to go through such a dreadful hardship, such as this.
As an older brother, Jeffrey used to take pride in looking after his younger brother and sister. Jeffrey was excited when his brother Dalton was born. He would feed, change, hold and rock him all the time.
|
Jeffrey's sister Paige recalls that Jeffrey taught her how to ride a bicycle without training wheels when she was five years old and he also taught her how to tie her own shoes.
|
After his graduation, Jeffrey started working in a shoe store. Jeffrey and the store manager became friends and he would occasionally babysit her two young daughters (aged 2 and 4) when she was in need of a babysitter. Jeffrey took his responsibility seriously while taking care of the children, which in-turn earned their mother's trust prompting her to ask Jeffrey to babysit repeatedly.
|
Case summary
Jeffrey Havard currently has been sentenced to death death in Mississippi for the sexual assault and the murder of his girlfriend’s six-month-old daughter, Chloe Britt. He has always maintained that the infant slipped from his arms while lifting her from the tub, causing her head to hit the toilet. To him, his family and supporters, as well as his defence team, Chloe’s death was a tragic accident, not a murder.
His conviction was secured with the testimonies of several hospital workers from the emergency room, who would later testify that her anus was dilated, indicating sexual abuse. Dr. Steven Hayne conducted the autopsy on Chloe. Hayne determined that Chloe’s death was the result of shaken baby syndrome.
After his conviction, Mississippi’s post-conviction relief office obtained the services of former Alabama state medical examiner Dr. James Lauridson to review the autopsy findings. Lauridson concluded that the evidence failed to confirm that a sexual assault of any kind had taken place. Read here Affidavit of James R. Lauridson, Forensic pathology (2007)
Jeffrey asked the court during his trial to provide the means to hire an independent expert to review Hayne’s findings, but the court denied his request stating that Hayne was well qualified. However, in 2008, Mississippi barred Dr Hayne from doing any more autopsies in the state. Mississippi legislature passed a bill specifically aimed at keeping him from ever being used by prosecutors in the state again.
In April 2015, Mississipi Supreme Court ruled that Jeffrey Havard would get a hearing on the science of Shaken Baby Syndrome.
WATCH below: Media report on M. Hayne.
Jeffrey Havard currently has been sentenced to death death in Mississippi for the sexual assault and the murder of his girlfriend’s six-month-old daughter, Chloe Britt. He has always maintained that the infant slipped from his arms while lifting her from the tub, causing her head to hit the toilet. To him, his family and supporters, as well as his defence team, Chloe’s death was a tragic accident, not a murder.
His conviction was secured with the testimonies of several hospital workers from the emergency room, who would later testify that her anus was dilated, indicating sexual abuse. Dr. Steven Hayne conducted the autopsy on Chloe. Hayne determined that Chloe’s death was the result of shaken baby syndrome.
After his conviction, Mississippi’s post-conviction relief office obtained the services of former Alabama state medical examiner Dr. James Lauridson to review the autopsy findings. Lauridson concluded that the evidence failed to confirm that a sexual assault of any kind had taken place. Read here Affidavit of James R. Lauridson, Forensic pathology (2007)
Jeffrey asked the court during his trial to provide the means to hire an independent expert to review Hayne’s findings, but the court denied his request stating that Hayne was well qualified. However, in 2008, Mississippi barred Dr Hayne from doing any more autopsies in the state. Mississippi legislature passed a bill specifically aimed at keeping him from ever being used by prosecutors in the state again.
In April 2015, Mississipi Supreme Court ruled that Jeffrey Havard would get a hearing on the science of Shaken Baby Syndrome.
WATCH below: Media report on M. Hayne.
What national experts say:
In November of 2013, Jeffrey Havard filed a motion for relief from Judgment based on newly discovered evidence; the newly discovered evidence includes affidavits from 4 of the nation's leading medical and bio-mechanical experts, all of whom reviewed the evidence in his case and all of whom expressed opinions that the child Jeffrey was convicted of murdering most likely died from an accidental fall and NOT from shaken baby syndrome, just like Jeffrey has always maintained.
Dr. Hayne, who testified as an Expert for the State at the time of trial also submitted an affidavit. It says:
I recently reviewed the Final Report of Autopsy, my trial testimony in State vs Havard and other documents related to the Havard case. I found no definitive evidence of sexual abuse upon my findings. A finding of sexual assault was not conclusively demonstrated.
Read here:
. Affidavit of Dr Haynes (November 2013)
. Affidavit of Chris Van EE, Phd (November 2013)
. Affidavit of Janice Ophoven, MD (November 2013)
. Affidavit of Dr Nichols (November 2013)
. Affidavit of Dr Baden (March 2013)
In November of 2013, Jeffrey Havard filed a motion for relief from Judgment based on newly discovered evidence; the newly discovered evidence includes affidavits from 4 of the nation's leading medical and bio-mechanical experts, all of whom reviewed the evidence in his case and all of whom expressed opinions that the child Jeffrey was convicted of murdering most likely died from an accidental fall and NOT from shaken baby syndrome, just like Jeffrey has always maintained.
Dr. Hayne, who testified as an Expert for the State at the time of trial also submitted an affidavit. It says:
I recently reviewed the Final Report of Autopsy, my trial testimony in State vs Havard and other documents related to the Havard case. I found no definitive evidence of sexual abuse upon my findings. A finding of sexual assault was not conclusively demonstrated.
Read here:
. Affidavit of Dr Haynes (November 2013)
. Affidavit of Chris Van EE, Phd (November 2013)
. Affidavit of Janice Ophoven, MD (November 2013)
. Affidavit of Dr Nichols (November 2013)
. Affidavit of Dr Baden (March 2013)
August 2014
READ BREAKTRHOUGH ARTICLE FROM THE CLARION LEDGERS:
Former state Supreme Court Justice Oliver Diaz Jr. said he believes the high court will order a hearing for Havard "given the strength of the new evidence, which I think is extremely strong."
The expert never thought there had been any sexual assault,
but unfortunately did not include that in his autopsy report.
Listen to the Blogtalk radio program covering the case (25/08/2014) with the defense team here-below (80 mns).
Jeffrey "really hopeful now, finally his case is being heard"
The case is now back in State Court for review.
Listen To Legal Internet Radio Stations with Injustice Anywhere on BlogTalkRadio
What Justice Oliver Diaz has said (Mississippi Supreme Court 2000 - 2008)
"This should not have been a death penalty case. (...) In Jeffrey's case, we have the unfortunate death of a young child and the felony enhancement was the sexual assault on the child (...) The evidence of sexual assault was very very thin and weak, but nonetheless this is what they used to secure the death penalty in this case. (...) ". (BlogTalk Radio)
"He [Jeffrey Havard] was denied the right to have his own expert in that case, but they allowed the State to profer Dr Hayne to be the expert for the State (...).
I think there are probably people in prison who have not committed the crime for which they have been convicted of committing (...)
(Source: News report, WAPT.com, 2008)"
"This should not have been a death penalty case. (...) In Jeffrey's case, we have the unfortunate death of a young child and the felony enhancement was the sexual assault on the child (...) The evidence of sexual assault was very very thin and weak, but nonetheless this is what they used to secure the death penalty in this case. (...) ". (BlogTalk Radio)
"He [Jeffrey Havard] was denied the right to have his own expert in that case, but they allowed the State to profer Dr Hayne to be the expert for the State (...).
I think there are probably people in prison who have not committed the crime for which they have been convicted of committing (...)
(Source: News report, WAPT.com, 2008)"
What his lawyer says
In this case, the prosecutor was informed by Dr. Hayne that “he couldn’t say a sexual assault took place.” However, upon information and belief, this was never shared with Havard or his trial counsel prior to trial, despite the fact that it is clearly exculpatory. In a case in which sexual battery was the underlying felony (making the case both a capital murder case and one in which the death penalty was sought), information from the State’s sole expert witness on forensic issues that he could not say that a sexual assault had occurred is clearly exculpatory.
Read motion for evidentiary hearing (May 2014)
In this case, the prosecutor was informed by Dr. Hayne that “he couldn’t say a sexual assault took place.” However, upon information and belief, this was never shared with Havard or his trial counsel prior to trial, despite the fact that it is clearly exculpatory. In a case in which sexual battery was the underlying felony (making the case both a capital murder case and one in which the death penalty was sought), information from the State’s sole expert witness on forensic issues that he could not say that a sexual assault had occurred is clearly exculpatory.
Read motion for evidentiary hearing (May 2014)
What his supporters say
Sabrina Butler, exonerated
WATCH Sabrina Butler give her testimony on how she was sentenced to death for the abuse and the murder of her baby son, when in fact that the child likely died of a kidney problem and that the original autopsy was inadequate. She was innocent and was later exonerated and released in 1995. Her testimony shows how mistakes can sometimes easily happen.
She says:
I would never have thought in a million years they would say Oh, you killed your child. After they asked me to come to the police station and asked questions, they said you beated that baby, and I kept say no, I didn't do that and they were saying, yes you did. 9 hours after he died, I was charged with murder (With thanks to One For Ten Production).
Sabrina Butler, exonerated
WATCH Sabrina Butler give her testimony on how she was sentenced to death for the abuse and the murder of her baby son, when in fact that the child likely died of a kidney problem and that the original autopsy was inadequate. She was innocent and was later exonerated and released in 1995. Her testimony shows how mistakes can sometimes easily happen.
She says:
I would never have thought in a million years they would say Oh, you killed your child. After they asked me to come to the police station and asked questions, they said you beated that baby, and I kept say no, I didn't do that and they were saying, yes you did. 9 hours after he died, I was charged with murder (With thanks to One For Ten Production).
His friend and advocate Lori
On February 5, 2014, the State filed a response to Jeffrey Havard's motion for relief from judgment based on this newly discovered evidence.
The state argued that all of the affidavits that Jeff has submitted – every single one of them including Dr. Hayne's – are not "new evidence" under the Mississippi code, and therefore the court cannot even consider them. Why would the State want to actually kill a man when all of the experts have opined he shouldn't even be in jail?
Find out more on freejeffreyhavard.org
On February 5, 2014, the State filed a response to Jeffrey Havard's motion for relief from judgment based on this newly discovered evidence.
The state argued that all of the affidavits that Jeff has submitted – every single one of them including Dr. Hayne's – are not "new evidence" under the Mississippi code, and therefore the court cannot even consider them. Why would the State want to actually kill a man when all of the experts have opined he shouldn't even be in jail?
Find out more on freejeffreyhavard.org
How you can help Jeffrey Havard
Help us raise the case of Jeff Havard: Sign petition, and help us get media attention. Thank you.
Help us raise the case of Jeff Havard: Sign petition, and help us get media attention. Thank you.
November 2nd, 2015
On November 2015, the Francophones Against the Death Penalty have launched a letter appeal campaign to the office of Mississippi Attorney General on behalf of Jeffrey Havard. Please help them.
Letter template below
Office of the MS Attorney General
ATTN: Hon. Jim Hood
P.O. Box 220
Jackson, MS 39205 - USA
Email contact: http://jimhood.org/contact/
Subject: Grant a new trial for Mr. Jeffrey Havard
Attorney General Hood,
I am writing to you regarding a statement your office made on your behalf to CNN on February 20, 2012:
"Our office has the singular responsibility to not only ensure that the guilty are punished but that the innocent are set free." If that is the case, here is my question to you: what happened with Jeffrey Havard?
Mr.Jeffrey Havard, as you know, has been on your Death Row since 2002, however, there are significant problems with his conviction. Mainly:
- State and Federal laws regarding cases that involve the type of accusations leveled at Mr. Havard, mandate that all evidence is to be reviewed by experts qualified in child sexual abuse. This was not done.
- The State tried Mr. Havard without ever attempting to establish sexual assault with expert testimony on forensics. The standard of proof for sexual assault, according to the law, was never met.
- The prosecution tried this case, never establishing "to a degree of medical certainty" that a sexual assault had occurred. Dr.Steven Hayne had informed the District Attorney’s Office, prior to trial, that there was not enough evidence to conclude a diagnosis of sexual battery.The autopsy, which was never introduced into evidence, states that the child's body "was unremarkable" and makes no reference to sexual assault whatsoever. Despite the law requiring the standard of proof, prosecutors put Mr. Havard’s life in jeopardy based only on unqualified and faulty observations, since the charge was predicated on injuries that did not exist.
- Based on the above, this shows that no scientific methodology (differential diagnosis) was ever performed, since the so-called injuries did not exist.
- Emergency room staff (State’s witnesses) claims to have seen rips, tears and bleeding in the anal area. Steven Hayne observed nothing of the sort in his autopsy report, and photographic evidence indicates no such thing.
- Still, the ER staff gave this testimony in court and it was never challenged or objected to by the defense. Their "invalid testimony" was/is the State’s "case in chief." This further underscores that none of the witnesses were qualified. "Observations" are not tests or forensic reviews.
- Mr. Harvard’s trial attorneys did no independent investigation of any kind, which the law requires in a capital murder case. Attorney Sermos admitted in open court that he did not understand the autopsy and had no medical knowledge.
There are other factors, too numerous to mention, however, I would like to bring a few other things to your attention;
- The Court wrongfully denied Mr. Havard's request for his own medical expert. Instead, the Court recommended that his attorneys contact the State’s expert (Dr.Hayne). Mr. Havard's attorneys did not contact Dr.Hayne or anyone else with the medical expertise they admittedly lacked.
- The State and the Court improperly placed the burden of proof on Mr. Havard to explain the anal dilation (the ONLY binding factor in the case). A study at Duke University estimated that death penalty cases take three to five times longer than a typical murder trial (http://fds.duke.edu/db/attachment/301).
- Jury selection for this capital murder case took one day (12/17/02), and the prosecution presented their case in one day (12/18/02), leading the trial judge to remark: "the case has been moving along quite satisfactorily."
- Mr. Harvard’s trial took just 48 hours from jury selection to sentencing.
This is a direct quote from the prosecution (Mr.Rosenblatt) to the jury during closing arguments:
"This case I cannot possibly understand. Please don't try to understand this case."
Additionally, Mr. Havard was told at the police station that Chloe Britt died due to a vicious sexual assault. Mr. Havard couldn't explain it because it never occurred. He did not know that she had died from a closed head injury until he saw it on the arrest warrant, at which time he immediately asked for Detective Manley, telling him that Chloe had accidentally fallen.
Mr. Havard used bad judgment by not telling Chloe’s Mother Rebecca Britt immediately upon her return from the store that Chloe had accidentally fallen, and he was wrong to think he knew how to care for the infant after her fall. The situation was new to Mr. Havard as the child and her mother had only been living with him for 3 weeks.
Mr. Havard’s bad judgment in a time of crisis does not equate to murder and sexual assault. Being guilty of bad judgment does not make Mr. Havard death penalty eligible. It merely makes him human, capable of making an honest mistake.
Mr. Havard waived his right to an attorney and fully cooperated with the investigation.
Mr. Havard requested a polygraph but was refused.
Mr. Havard refused a plea agreement and based his decision not to testify in his own behalf on his attorney’s advice that the taped interrogation spoke for itself, although they had told him that he would be permitted to testify until just prior to trial.
Mr. Havard refused the plea he was offered because, being innocent, he believed in the sanctity of the Judicial System in this country. He believed that truth and justice would prevail.
This case MUST be reviewed by your office since your job is to "ensure the innocent be set free."=
The State of Mississippi has done Chloe Britt's family and Jeffrey Havard a grave injustice.
For all those reasons, I respectfully ask you to grant Mr. Jeffrey Havard a new trial.
I look forward to your response.
Sincerely,
Find out more
- August 2017: Controversial medical examiner backs off ‘shaken baby’ claim in death penalty case, Washington Post, Radley Balko, August 16th, 2017
- August 2017:Pathologist backs off shaken baby ruling in death penalty case, The Clarion Ledger, Jerry Mitchell, August 14th, 2017
- Sept 2014: Death row inmate: Prosecutors hid evidence of innocence, Clarion Ledger, Jerry Mitchell
- Jeffrey Havard website: http://www.freejeffreyhavard.org/ or Facebook or Twitter-
- Read: Notes from Attorney Jen Fitzgerald on Facebook
- READ: New Expert Evidence Could Lead To New Trial In Jeffrey Havard Death Penalty Case, by Bruce Fischer, Ground Report, February 2014
- READ Article by Radley Balko: Steven Haynes admits to perjury, November 2012, The Agitator
- Rethinking Shaken Baby syndrome, by Joseph Shapiro, June 2011
- READ: Death row inmate among many challenging pathologist's findings
- Trial transcripts: Volume 1 - Volume 2 - Volume 3 - Volume 4 - Volume 5
- August 2017: Controversial medical examiner backs off ‘shaken baby’ claim in death penalty case, Washington Post, Radley Balko, August 16th, 2017
- August 2017:Pathologist backs off shaken baby ruling in death penalty case, The Clarion Ledger, Jerry Mitchell, August 14th, 2017
- Sept 2014: Death row inmate: Prosecutors hid evidence of innocence, Clarion Ledger, Jerry Mitchell
- Jeffrey Havard website: http://www.freejeffreyhavard.org/ or Facebook or Twitter-
- Read: Notes from Attorney Jen Fitzgerald on Facebook
- READ: New Expert Evidence Could Lead To New Trial In Jeffrey Havard Death Penalty Case, by Bruce Fischer, Ground Report, February 2014
- READ Article by Radley Balko: Steven Haynes admits to perjury, November 2012, The Agitator
- Rethinking Shaken Baby syndrome, by Joseph Shapiro, June 2011
- READ: Death row inmate among many challenging pathologist's findings
- Trial transcripts: Volume 1 - Volume 2 - Volume 3 - Volume 4 - Volume 5
Contact
Fore media enquiries, contact Jen Fitzgerald Law Office
To contact Jeffrey Havard:
Jeffrey Havard L-3955
Unit 29-J
Parchman, Mississippi 38738
To send Jeffrey an email
You can send Jeffrey an email using Access Corrections (www.accesscorrections.com). Jeffrey is inmate number 00000L3955
Fore media enquiries, contact Jen Fitzgerald Law Office
To contact Jeffrey Havard:
Jeffrey Havard L-3955
Unit 29-J
Parchman, Mississippi 38738
To send Jeffrey an email
You can send Jeffrey an email using Access Corrections (www.accesscorrections.com). Jeffrey is inmate number 00000L3955