Robert Wilkes. Image source.

by DILLON KATO
Independent Record

Excerpts:

A District Court judge has overturned the 2009 homicide conviction of Robert Wilkes, marking yet another court victory for the Montana Innocence Project.

Wilkes’ 3-month-old son, Gabriel, died in October 2008. More than a year later, Wilkes was convicted in the baby’s death and sentenced to 40 years in prison.

The Montana Innocence Project began to look into his case in 2012, finding that Gabriel had no signs of abuse and that the prosecution relied on the theory of Shaken Baby Syndrome in Wilkes’ case.

The Innocence Project gathered a series of medical experts from around the country to review the case. They determined a number of other likely causes of his death. Also, the medical examiner who performed the autopsy had listed the cause of death as “undetermined,” something Wilkes’ defense attorney did not present at trial.

The Montana Innocence Project’s motion for a new trial for Wilkes was eventually appealed to the Montana Supreme Court, which sent it back down for further proceedings.

In an order issued Thursday, District Court Judge James Haynes of Ravalli County, who was brought in to oversee the Wilkes case, overturned the conviction. As part of his order the judge concluded that Wilkes’ attorney at trial had been ineffective in his representation of his client.

“The Court concludes (Scott Spencer) failed to subject the prosecution’s case to meaningful adversarial testing. … Wilkes has shown his Sixth Amendment right to effective counsel was violated to such a degree as to jeopardize the fundamental fairness and integrity of his trial,” the judge wrote.

“I have been waiting, hoping, and praying for this moment for many years,” Wilkes said in a statement. “The Innocence Project works tirelessly on behalf of people like me, who are wrongfully convicted. The project gives us hope. I am very grateful for their amazing and dedicated work.”

In a statement, Innocence Project attorney Toby Cook said the medical evidence they presented was “overwhelming.”

“While we have always believed in Dave’s innocence, he can never regain the 10 years he has lost,” Cook said.

Read the full article at Independent Record

See Also:

Supreme Judicial Court of Massachusetts Opens the Legal Door to Retry All Shaken Baby Syndrome Convictions

University of Michigan Law School Awarded $250K to Learn How to Defend Shaken Baby Syndrome Cases

Swedish Health Agency Rejects “Science” of Shaken Baby Syndrome

World Renowned Neuropathologist has Career Destroyed for Disproving Shaken Baby Syndrome

18 Year Old Wrongly Convicted of Shaken Baby Syndrome Set Free After Serving 17 Years in Prison

Father Convicted of Shaken Baby Syndrome 16 Years Ago for Daughter’s Death has All Charges Dropped

Colorado Mom Accused of Shaken Baby Syndrome and Child’s Death Has Conviction Thrown out After 13 Years

Dr. Phil Exposes Medical Kidnapping and Shaken Baby Syndrome False Diagnosis with North Carolina Family

Medical Kidnapping: A Threat to Every Family in America T-Shirt

100% Pre-shrunk Cotton!

Order Here

Medical Kidnapping is REAL!

See: Medical Kidnapping: A Threat to Every Family in America Today

Help spread the awareness of Medical Kidnapping by wearing the Medical Kidnapping t-shirt!

Support the cause of MedicalKidnap.com, which is part of the Health Impact News network.

 

Support the cause against Medical Kidnapping by purchasing our book!

If you know people who are skeptical and cannot believe that medical kidnapping happens in the U.S. today, this is the book for them! Backed with solid references and real life examples, they will not be able to deny the plain evidence before them, and will become better educated on this topic that is destroying the American family.

1 Book – 228 pages
Retail: $24.99
FREE Shipping Available!
Now: $9.99
Order here!

2 Books
Retail: $49.98 (for 2 books)
FREE Shipping Available!
Now: $13.99 (for 2 books)
Order here!

Also available as eBook:

eBook – Download Immediately!
$9.99

<!–/* * The backup image section of this tag has been generated for use on a * non-SSL page. If this tag is to be placed on an SSL page, change the * 'http://healthimpactnews.com/openx/www/delivery/…' * to * 'https://healthimpactnews.com/openx/www/delivery/…' * * This noscript section of this tag only shows image banners. There * is no width or height in these banners, so if you want these tags to * allocate space for the ad before it shows, you will need to add this * information to the tag. * * If you do not want to deal with the intricities of the noscript * section, delete the tag (from … to ). On * average, the noscript tag is called from less than 1% of internet * users. */–> <!–//<![CDATA[ var m3_u = (location.protocol=='https:'?'https://network.sophiamedia.com/openx/www/delivery/ajs.php':'http://network.sophiamedia.com/openx/www/delivery/ajs.php'); var m3_r = Math.floor(Math.random()*99999999999); if (!document.MAX_used) document.MAX_used = ','; document.write ("”); //]]>–>